The Due Process Reversion Amendment

Started by Viteu, March 22, 2021, 05:13:43 PM

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Viteu

So overdue, but this is the act I propose to fix the issue identified here.

WHEREAS, the Fifth Covenant to the Covenants of Rights and Freedoms once read as follows:

Any person charged with an offence shall be presumed innocent until proven guilty, and has the right to request information on his legal rights. No accused person shall be twice put in jeopardy of life, liberty, or property for the same offence, or without due process of law; nor shall any citizen be compelled in any criminal case to bear witness against himself. Excessive fines, and cruel and bizarre punishments, shall not be inflicted.


WHEREAS, the Due Process Amendment, 50RZ26, received sufficient support in the Ziu and the requisite majority during referendum to modify that language;

WHEREAS, the Still Into This Amendment, 53RZ18, inadvertently reverted this covenant to the foregoing language;

WHEREAS, said omission from 53RZ18 appears entirely accidental and unintentional.

WHEREAS, the Ziu desires to remedy this mistake by re-adopting, without modification, the Fifth Covenant as enumerated in 50RZ26.

THEREFORE, the Fifth Covenant to the Covenants of Rights and Freedoms, Article XI of the Organic Law, is repealed in its entirety.

FURTHERMORE, the following language is adopted as the Fifth Covenant, Organic Law, Article XI.5:

No person shall be deprived of life, liberty, or property without due process of law, nor denied equal protection of law. Any person charged with an offense must be informed of their legal rights upon seizure by the government, and must be presumed innocent until proven guilty by a court of law. No person shall be subject to answer to the same criminal offense after the criminal charge has been properly adjudicated in a court of law, nor shall any person be compelled in any criminal case to bear witness against himself, nor shall any person be subjected to excessive fines, nor shall any person be subjected to cruel and unusual punishment. The Ziu shall have the power to enforce this Covenant by appropriate legislation.

Noi urent q'estadra så:
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)

C. M. Siervicül

I like this, but are there typos in the first ("deprived of life, liberty, or property") and next to last ("subjected to cruel and unusual punishment") sentences of the proposed language?

Viteu

Quote from: C. M. Siervicül on March 23, 2021, 10:38:34 PM
I like this, but are there typos in the first ("deprived of life, liberty, or property") and next to last ("subjected to cruel and unusual punishment") sentences of the proposed language?

My lifelong battle with prepositions rages another day.  I do not have time to check, but I think fixing those typos in the readopted amendment is fine. The proposed text has been updated accordingly.
Viteu Marcianüs
Puisne Judge of the Uppermost Cort

Former FreeDem (Vote PRESENT)