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" ......

(Continued from Article III above) IV. THE RESTRICTIONS (which are equal in importance, unchangeable, bound by the THE PRINCIPLES, originate from them, and are never exceptions from them) 1. LAW. All law of Asgardia originates from this act, and no law within Asgardia will ever be passed that will in any way limit the freedoms and rights proclaimed in this act, or contradict this act in any other way. The integrity of law is verified through detailed inquiry. The Asgardian government will never take a citizens life, unless in immediate need to protect the lives of other citizens and/or non-citizen humans (and non- human beings recognized by Asgardia as ones holding concerned rights equal to non-citizen humans). 
No passed law of Asgardia is retroactive (lex retro non agit). 
 2. CITIZEN RESPONSIBILITY. It is the official duty of every citizen of Asgardia to honor the principles, freedoms, rights, rules, and restrictions presented in this document, as well as the law of Asgardia unless one can prove that the law, or part of it, contradicts this document or any part of this document. 
 3. NON-CITIZEN HUMANS (AND POTENTIAL NON-HUMAN SAPIENT BEINGS): 
Beyond the basic rights (where the right to live is considered of the most importance), the legal status of non-citizen humans (and potential non-human sapient beings) and the administrative approach to humans (and potential non-human sapient beings) is defined by a separate legislative act. 
 4. OTHER NON-CITIZEN AND NON-HUMAN BEINGS: The rights (along with the administrative approach) of non-human beings not recognized as sapient are determined in separate legislative acts, with a basic premise that every complex organism capable of feeling pain should be protected from cruelty and non-necessary suffering. 
 5. JUSTICE. Every citizen – and/or non-citizen human being (and non- human beings recognized by Asgardia as ones holding rights) – is treated individually, and equally, when accused of breaking the law of Asgardia, and any government action towards a citizen (including the violation of privacy) can only be taken due to a decision made by an independent court, unless an action taken towards the citizen is to stop the citizen's currently ongoing violation of law or to stop an immediate threat posed to other citizens by the citizen. The court operates in the premise that law should not be entirely absolute and that every case is different. When accused, every citizen and non-citizen human (and capable non- human being recognized by Asgardia as one holding rights) has the right to defend oneself, has to be approached with the presumption of innocence (until proven otherwise during a fair trial), and has the right to appeal the decision made by the court. 
 6. HUMANE TREATMENT AND THE LIMITS OF LAW ENFORCEMENT: A justified temporary apprehension (by the delegated representatives of the Asgardian government) of a citizen or a non-citizen human (or non- human being recognized by Asgardia as one holding concerned rights equal to a non-citizen human), which can only occur due to a detection of a possible violation of criminal law or an obvious immediate threat posed by the citizen or non-citizen human(or non- human beings recognized by Asgardia as ones holding concerned rights equal to non-citizen humans), can not exceed the length of an earth day (24 hours); during that time, the apprehended will be provided with means necessary for one’s survival. Any prolonging apprehension in the form of an arrest can only be possible due to an official decision issued by an independent court (justified by the severe nature of the possible violation and objective needs of an ongoing investigation) that also appoints the date for a first hearing in a trial (not later than 60 days since the moment of apprehension); during the time, the apprehended will be provided with means necessary for one’s survival. Any prolonging apprehension in the form of incarceration can only be possible due to a sentence issued by an independent court; during the time, the apprehended will be provided with means necessary for one’s survival. Torture, cruelty, excessive and unusual punishments, excessive fines and bails, and excessive force are not an acceptable method of law enforcement and/or any treatment of a citizen of Asgardia and/or a non-citizen human (and/or non- human being recognized by Asgarda as one holding rights), 7. IN DEFENSE OF FREEDOM. Any form of official power and influence, any eligible candidate, as well as institutions and organizations, are prohibited from practicing and promoting totalitarian rule, dictatorship, tyranny, oppression, hate, discrimination and will not advocate against the principles of Asgardia. 8. IN CASE OF AN IMMEDIATE THREAT. The personal rights of citizens can only be limited (except the right to live) in case of immediate threat concerning the nation of Asgardia (war, natural disaster, epidemic, acts of terrorism and sabotage) until the threat is removed and in the range needed to remove the threat. If the period is longer than fourteen (14) earth days, the prolonging must be evaluated through the judiciary system. After the removal of the immediate threat, the government and it’s institutions responsible for the rights limitation, and for the execution of the rights limitation, undergo evaluation to determine if the period and the scale of the limitation was justified. 9. CREDIBLECONFIRMATION: No government action (including legislation and ordinances) will be performed without a credible reason backed with attested scientific evidence of a necessity or of it’s longterm beneficial nature. In non-immediate cases, any research done and/or used to support and/or oppose the action has to be publicly evaluated in terms of factuality and reliability. All research is verified as to it’s consistency with the scientific method and, if applicable, verified empirically. The government is obligated to take under scrutiny any organized and/or (claimed)evidence backed research (or evidence backed critique of any other research) concerning the matter proposed by any institution, organization(formal or informal), or by an individual citizen. If the government action in any way involves the limitation of freedom of any citizen, it is obliged to allow any alternative action – that also resolves the issue at hand without violating any rights and freedoms of other citizens – proposed by the concerned citizen. 10. IMPLICATION OF VITAL CONDITIONS. No ordinance, legislative act or any other action of the government of Asgardia will deprive the citizens of Asgardia of technologies, materials(including biological materials), substances, and conditions crucial to sustain life or artificially limit their circulation on the markets positioned under the jurisdiction of Asgardia. On every non-earthly habitat of any kind under the jurisdiction of Asgardia, technologies, materials(including biological materials), substances, and conditions crucial to sustain life are considered needed for the execution of the right to live, and thus can be provided by the government institutions of Asgardia directly (whether by own means or through government-private collaboration) for the citizen of Asgardia. The Asgardian government will not limit the usage of individual alternatives of technologies, materials (including biological materials), and substances by the individual citizen, as long as the said usage doesn’t post a confirmed threat for other citizens. 11. INFLUENCE ON THE FREE MARKET. The Government of Asgardia will not act or legislate towards any artificial control of the free market, unless to protect individual freedoms and rights stated in the constitution and/or to assure fair competition. 12. NO INTERFERENCE. As a nation, Asgardia does not interfere in relations between the states on Earth, and vice versa (in which case Asgardia has the right to defend it’s independence and shield itself from political influence of earth nations). 13. AMENDMENTS. Any future amendment added to this document will not contradict the first chapter of this document in any way. It is implied that the detailed organization of the executive, legislative and judicial branches can be adjusted if the adjustment doesn’t contradict the first chapter of this document. V. THE DEFINITIONS (which are equal in importance, unchangeable, bound by the THE PRINCIPLES, originate from them. and are never exceptions from them) 1. THE CITIZEN. Every individual person considered a member of the Asgardian nation, from one’s birth to one’s biological death, including the moment of biological death and the future of his body after biological death. Decisions made by the Citizen about the moment of biological death and the future of one’s body after biological death are considered as an expression of his individual freedom and are protected by the government. 2. CRITIQUE. Questioning an idea or entity by the means of rational arguments. Defamation and prejudice are not considered critique. 3. PRIVACY. Acting and remaining without the presence of a third party observer. Also maintaining confidentiality of ones thoughts, communication and private belongings, including information in any form. 4. SAPIENT BEING: A being showing obvious sings of sapience and/or officially recognized as such. By the Asgardia Constitution Alternative Group: Uploaded 18:05 GMT, 21 December 2016 Changes:
Minor language and logical tweaks.
Changes to 1.1, 1.3, 2.1, 2.6, 2.7, 3.2, 4.1, 4.5, 4.9 4.10, 4.11, 4,12, 4,13, 5.1 Added: 2.2, 2.3, 4.4, 4.6 Original:
Michał Klekowicki, Sara Jujeczka 23.11.2016 19:05 GMT

I agree, you should post this in a different format. However at first glance I see a few things ( I WILL find more don't you worry).

What are the implications of a demilitarized zone? If your intent on suggesting that there would be no military then I suggest you go into further explanation. I have some major issues with a nation without any sort of military capability.

I was going through some of my bullet points and I realized that the real issue that I have is that your constitution lacks brevity. My advice is to spend some time trying to shorten each of your points as much as possible (Maybe a sentence each if possible). If you can say more with less then it really makes the document better composed, in my opinion at least.

I took it upon myself to edit Chapter 1, 6. THE FREEDOM OF SELF-DEFENSE: A well regulated Militia, being necessary to the security of a free nation, the right of the people to keep and bear Arms, shall not be infringed upon; therefore a citizen possess the right to defend oneself when one's individual rights and/or sovereignty of existence are threatened.

I'm sure if I thought about that more then I would find something that I dislike about that edit (I am unsure how to interpret defence of others from that so that may elicit further thought). As you will notice this edit includes my bias for the right of militarization, I feel as if that the inability to militarise would be contradicting a persons right to self defence, however that is a discussion all on it's own. You will also notice that the edit mirrors the second amendment to the United States constitution. However I believe this amendment really helps summarize my point.

Here is PDF version. :) :)

https://dl.dropboxusercontent.com/u/66542941/A%20Rational%20Approach%20to%20the%20Constitution%20-%20Acts%20Only%20-%20version%2010.pdf

Please read also topic open under Contitution as:

"A rational and freedom oriented approach to the constitution. The proposition forming in the "Asgardia Constitution - Alternative" facebook group."

By: M-K(Asgardian) on 22 December 2016, 12:36 p.m. ¶

MOD EDIT: Hi, I've edited this post to make the link active you can do this as < URL > in future. - Jason Rainbow Dec 23 @ 0100

Reading it and I must say that I am impressed so far. Will study it further more tomorrow. Good work!

I would modify the first Article like this (reasons explained after) 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 RELIGION, political system, belief system or philosophy. Preventive censorship is prohibited. Freedom of press is protected.

Why religion and not ideology? Because an ideology has a presupposed that fundamentally is a lie. Examples:* Nazi ideology presuppose that Arian race is superior to others, which is obviously false.

To summarize, a religious or philosophical belief is based on someone really searching for the truth ( we may o may not agreed with what the truth is and how to search, but the search for it is the base). But an Ideology is based on a clearly false principle which tried to be accepted in a portion of society, no search about the truth.

I would go as far to say that an ideology and religions claim to know the truth. Both phenomena are, in my opinion, just that... opinions. In order to circumvent this I would suggest that the constitution would guarantee, in some way, that evidence based facts/science ALWAYS trump over opinions.

Second thing i would like to highlight is that the constitution should be clear about that nepotism and corruption, in all forms, are not acceptable and banished in Asgardia jurisdiction. Corruption is a poison that witters a society to it core like an acid. We have to stop it before it even shows up.

Religion has this bad habit to create extremism. How is this going to work into a science driven society? Most of your changes are common sense changes. Most inspired by constitutions around the world.

Under Section 3-2, you have this...

"[...] 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."

I would get rid of the part starting with with "as long as...". Citizens who are mentally ill also have choice, even if the state of their mental consciousness is not 100%. I can see why you might put this in the constitution, but this is more of an "Asgardian Criminal Code" deal (what with proving mens rea and so forth).

EDIT: That came off as way too critical. I think you did a great job with the draft!

Overall, a document I'm having problems faulting. This is high praise indeed.

I do however have some issues.

III.3 I feel unwise until a governmental type is formally selected. Additionally I personally feel that governmental structure as it's currently understood isn't particularly required, instead having the citizens themselves affording the opportunity deciding on the issues that effect, concern, or interest them. We can collectively decide our own fate with the only requirement for someone to make a descision for us in the rare cases that a common consensus or majority opinion is unable to be formed.

IV.8 is potentially causing concern, this sounding a lot like currently existing systems abused in order to enact draconian responses. I like the 14-day measure, and the requirement for review - but requirement for review doesn't particular outline that anything should be done should they be found lacking. It's likely minor changes to the terminonolgy and language could mitigate my concerns.

I have quite a different thought on the issue S. Crawford addressed:

{ "[...] 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."

I would get rid of the part starting with with "as long as...". Citizens who are mentally ill also have choice, even if the state of their mental consciousness is not 100%. }

Here is what I think: I wonder whether a mentally healthy person should be total responsible for the choices made and own behavior. I assume that some psychiatric experts may agree with me if they were consulted. When someone does something wrong, It's quite likely a root cause may be traced back deeply into the culture, society or neighborhood. A truth that many people could ignore is: We're bound to each other somehow. No one is an isolated atom. The mechanism behind is complex, so perhaps not a bad idea to leave it here open ...

In Mexico politicians and their families are diagnosed mentally ill when they commit a crime. They do this so as not to go to prison. We must address this issue better.

Most people that commit crimes - those not directly linked to ensuring their survival(ie: stealing food to eat) - due to some form of mental illness.

It is IMHO best to address this, ultimately preventing the rise of such behaviours to begin with. The general trend AFAIK in the criminal justice section is that of education and rehabilitation as opposed to simple punishments, so there's a likelyhood to not go to prison anyway.

First off thank you for the effort at the draft, a fine job; perhaps this is nit-picky but should not the issues of clarity of legislation and limitations of tenure be addressed as well? My point, has anyone tried to read their local government's legislation that passes for law these days? It seems law makers, town fathers, city councils all strive to hide their intent in thick language designed to confuse average people. Legislation should be written in a way that the typical citizen (i.e. not just lawyers or scholars) can understand what was intended and not only that but that the legislation actually spells out what it wants to achieve, not defer to some other rule making body to decide at some point in the future. As to tenure, I feel that most people entrenched in public office for extended terms tend to lose site of why they are really there and begin to see themselves as a class above or an entitled class rather than servants of the citizenry; service to the state should be an honor but it should be limited to a specific amount of time for each citizen, (I might even hazard that it might even be a responsibility of every citizen and could be limited-compulsory in the form of a lottery for lower ranking councils or review panels - (reference U.S. Jury duty))

First off thank you for the effort at the draft, a fine job; perhaps this is nit-picky but should not the issues of clarity of legislation and limitations of tenure be addressed as well? My point, has anyone tried to read their local government's legislation that passes for law these days? It seems law makers, town fathers, city councils all strive to hide their intent in thick language designed to confuse average people. Legislation should be written in a way that the typical citizen (i.e. not just lawyers or scholars) can understand what was intended and not only that but that the legislation actually spells out what it wants to achieve, not defer to some other rule making body to decide at some point in the future. As to tenure, I feel that most people entrenched in public office for extended terms tend to lose sight of why they are really there and begin to see themselves as a class above or an entitled class rather than servants of the citizenry; service to the state should be an honor but it should be limited to a specific amount of time for each citizen, (I might even hazard that it might even be a responsibility of every citizen and could be limited-compulsory in the form of a lottery for lower ranking councils or review panels - (reference U.S. Jury duty))