Dec 21, 16 / Cap 20, 00 21:33 UTC
Constitution Draft Proposal (the M.A. Version) - inviting for discussion - Article I-III ¶
CHAPTER 1 PROPOSAL. THE FOUNDING IDEAS OF ASGARDIA (that will be held as the basis of the nations identity) Ensuring the peaceful use of space. Protecting planet Earth from space threats. Creating a demilitarized and free scientific base of knowledge in space. Creating a mirror of humanity in space but without Earthly division into states, religions, and nations. Creating a new legal platform for the exploration of near-Earth and deep space. Asgardia does not interfere in relations between states on Earth – and vice versa. I. THE PRINCIPLES (which are equal in importance, unchangeable, held as the basis of laws, and the highest values of the state of Asgardia) 1. INDIVIDUAL FREEDOM. Every citizen of Asgardia is free to live, think, act, and decide according to will, as long as one’s actions and decisions do not interfere with, or limit, individual freedom or any additional right of another citizen and/or non-citizen human being (and/or non- human being recognized by Asgarda as one holding rights). 2. EQUALITY. Every citizen of Asgardia is equal under the law and is granted equal rights, from which the rights to live and to be free are of the most importance. 3. RATIONALISM. The basis of all executive, legislative, and judicial government actions within the nation of Asgardia, and by the nation of Asgardia, is the analysis of reality through the scientific method and decision-making supported by rational argumentation. Asgardia is secular. II. THE ADDITIONAL FREEDOMS AND RIGHTS (which are equal in importance, unchangeable, bound by the THE PRINCIPLES, originate from them, and are never exceptions from them) 1. THE FREEDOM OF SPEECH AND EXPRESSION. Every citizen of Asgardia is free to express one’s thoughts through any medium, unless it is to promote and/or induce violence and/or to establish tyranny, totalitarian rule or dictatorship in any form, no matter in the name of which ideology, political system, belief system or philosophy. Preventive censorship is prohibited. Freedom of press is protected. 2. THE FREEDOM OF ASSEMBLY AND ASSOCIATION: Citizens of Asgardia are free to peacefully assemble and associate in any cause respecting the THE PRINCIPLES, THE ADDITIONAL FREEDOMS AND RIGHTS, THE ADDITIONAL RULES, THE RESTRICTIONS stated in this document, as well as the official Law of Asgardia. Citizens of Asgardia are free to protest and demonstrate if the protest or demonstration doesn’t endanger other citizens and/or non-citizen human beings (and non- human beings recognized by Asgardia as ones holding rights). 3. THE FREEDOM OF THOUGHT AND CONSCIENCE: The freedom of thought and conscience will not be violated and is protected by the government of Asgardia. 4. THE FREEDOM OF CRITIQUE. No citizen of Asgardia, form of expression, institution, ideology, or belief system is shielded by the state of Asgardia from critique. Every expressed idea can be challenged and questioned by every citizen of Asgardia, and the right to do so will never be limited. 5. THE FREEDOM OF KNOWLEDGE AND THE MARKET. Scientific research and knowledge contributed to the state of Asgardia are considered a common good of the citizens of Asgardia. Authorship is acknowledged and protected. Every citizen of Asgardia has the right to trade, own, and profit as long as one’s actions do not contradict THE PRINCIPLES, THE ADDITIONAL FREEDOMS AND RIGHTS, THE ADDITIONAL RULES, and THE RESTRICTIONS stated in this document). Property is protected. 6. THE FREEDOM OF SELF-DEFENSE. A citizen of Asgardia has the right to defend oneself when one’s individual rights are threatened or when facing a threat of any origin, with the force sufficient to stop the threat. Defending another citizen from a threat and violence is considered the extension of the right to self defense held by both citizens. A limitation of one’s freedom of self-defense can only occur if it is the direct consequence of one’s own violation of law (and/or someone’s individual freedom) and/or the action taken towards one is to stop one’s illegal activity. The limitation can only extend to the point allowing enforcement of the law and/or protection of other citizens. 7. THE RIGHT TO PRIVACY. The privacy of an Asgardian citizen can never be violated by the government, without the consent of the said citizen, unless the violation occurs to investigate a violation of law or to stop an immediate threat to other citizens or human beings. A justified violation is possible only either through a court order (a decision made by an element of the judiciary system, also describing the specific nature of the allowed violation) or in the face of an immediate threat (in which case the government institution responsible for the violation has to justify the violation in front of the concerned citizen and an element of the judiciary system). III. THE ADDITIONAL RULES (which are equal in importance, unchangeable, bound by the THE PRINCIPLES, originate from them, and are never exceptions from them) 1. TOLERANCE. The government of Asgardia operates and legislates bound by the following rule: No citizen of Asgardia will be discriminated (or privileged) due to sex, ethnicity, sexual orientation, descent and parentage, innate biological properties, material status, cultural heritage, religion (or lack thereof), and any world view held in the past or held currently. 2. PERSONAL RESPONSIBILITY. A citizen of Asgardia is always responsible for the choices made and own behavior (including any form of expression) as long as diagnosed mentally healthy and in the fully-conscious state of mind by rational medical inquiry. An individual below the age of maturity (defined in a separate legislative act) is considered a minor, is not entitled to vote, and is under the care of one’s parent(s) and/or recognized legal guardian(s), one’s individual rights are limited only in the range allowing upbringing and proper protection by the parent(s) and/or recognized legal guardian(s). 3. DEMOCRACY. Asgardia is a democratic nation represented and governed by it’s democratically elected government, whose power is separated in to legislature power, executive power, and judiciary power. The government takes actions necessary to defend the national interest of Asgardia and ensure the rights of the citizens. The government’s action is bound by the THE FOUNDING IDEAS OF ASGARDIA, THE PRINCIPLES, THE ADDITIONAL FREEDOMS AND RIGHTS, THE ADDITIONAL RULES, and THE RESTRICTIONS of Asgardia written in this document.
To be continued on next thread starting with, "IV. THE RESTRICTIONS" ......