Yamatai Star Empire Charter of Rights and Freedoms
Part One:
Whereas the Empire is founded upon the principles that recognize the rule of law:
Guarantee of Rights and Freedoms
1. The Imperial Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other means of communication.
(c) freedom of peaceful assembly; and
(d) freedom of association.
Democratic Rights
3. Every citizen of the Empire has the right to vote for any laws the government of the Yamatai Star Empire decides to put forward and to be qualified for membership therin.
4. There shall be a sitting of Parliament (or Council or Senate; depending on style you wish to use) and of each legislature at least once every twelve months
Mobility Rights
5. (1) Every citizen of the Empire has the right to enter, remain in, and leave.
2) Every citizen of the Empire and every person who has the status of a permanent resident of the Empire has the right
(a) to move to and take up residence in anypart of the Empire; and
(b) to pursue the gaining of livelihood in any area.
(3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in any area other than those that discriminate among persons primarily on the basis of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in any system of conditions of individuals in that system who are socially or economically disadvantaged if the rate of employment in that system is below the rate of employment in the Empire.
Legal Rights
6. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
7. Everyone has the right to be secure against unreasonable search or seizure.
8. Everyone has the right not to be arbitrarily detained or imprisoned.
9. Everyone has the right on arrest or detention
(a) to be infomed promptly of the reason therefor;
(b) to retain and instruct counsel without delay and to be infomed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
10. Any person charged with an offence has the right
(a) to be infomed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in a proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Imperial law or was criminal according to the general principles of law recognized by the community;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
11. Everyone has the right not to be subjected to any cruel or unusual treatment or punishment.
12. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
13. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
14. (1) Every individual is equal before the and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
Official Languages
15. (1) English and Japanese are the official languages of the Empire and have equal rights and privileges as to their use in all institutions of the government of the Yamatai Star Empire.
(2) Nothing in this Charter limits the authority of a legislature to advance the equality of status or use of English and Japanese.
16. Everyone has the right to use English or Japanese in any debates or other proceedings of the government.
17. The Statutes, records and journals of the government shall be printed and published in English and Japanese and both language versions are equally authoritative.
18. Either English or Japanese may be used by any person in, or in any pleading in or process issuing from any court established by the government.
19. Any member of the public of the Empire has the right to communicate with, and to receive available services from, any head or central office of an institution of the government in English or Japanese, and has the same right with respect to any other office of any such institution where;
(a) there is significant demand for communications with and services from that office in such language; or
(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and Japanese.
Minority Language Educational Rights
20. (1) Citizens of the Yamatai Star Empire;
a) whose first language learned and still understood is that of the English or Japanese linguistic minority population of the system in which they reside, or
(b) who have received their primary school instruction in the YSE in English or Japanese and reside in a system where the language in which they received that instruction is the language of the English or Japanese linguistic minority population of the system, have the right to have their children receive primary and secondary school instruction in that language in that system.
(2) Citizens of the YSE of whom any child has received or is receiving primary or secondary school instruction in English or Japanese in the YSE, have the right to have all their children receive primary and secondary school instruction in the same language.
Enforcement
21. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
General
22. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights and freedoms that exist in the Yamatai Star Empire.
23. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of The Empire.
24. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
25. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of The Yamatai Star Empire in respect of denominational, separate or dissentient schools.
26. Nothing in this Charter extends the legislative powers of any body or authority.
Part One:
Whereas the Empire is founded upon the principles that recognize the rule of law:
Guarantee of Rights and Freedoms
1. The Imperial Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other means of communication.
(c) freedom of peaceful assembly; and
(d) freedom of association.
Democratic Rights
3. Every citizen of the Empire has the right to vote for any laws the government of the Yamatai Star Empire decides to put forward and to be qualified for membership therin.
4. There shall be a sitting of Parliament (or Council or Senate; depending on style you wish to use) and of each legislature at least once every twelve months
Mobility Rights
5. (1) Every citizen of the Empire has the right to enter, remain in, and leave.
2) Every citizen of the Empire and every person who has the status of a permanent resident of the Empire has the right
(a) to move to and take up residence in anypart of the Empire; and
(b) to pursue the gaining of livelihood in any area.
(3) The rights specified in subsection (2) are subject to
a) any laws or practices of general application in force in any area other than those that discriminate among persons primarily on the basis of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in any system of conditions of individuals in that system who are socially or economically disadvantaged if the rate of employment in that system is below the rate of employment in the Empire.
Legal Rights
6. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
7. Everyone has the right to be secure against unreasonable search or seizure.
8. Everyone has the right not to be arbitrarily detained or imprisoned.
9. Everyone has the right on arrest or detention
(a) to be infomed promptly of the reason therefor;
(b) to retain and instruct counsel without delay and to be infomed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
10. Any person charged with an offence has the right
(a) to be infomed without unreasonable delay of the specific offence;
(b) to be tried within a reasonable time;
(c) not to be compelled to be a witness in a proceedings against that person in respect of the offence;
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;
(e) not to be denied reasonable bail without cause;
(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;
(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Imperial law or was criminal according to the general principles of law recognized by the community;
(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
(i) if found guilty of the offence and if punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.
11. Everyone has the right not to be subjected to any cruel or unusual treatment or punishment.
12. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
13. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.
Equality Rights
14. (1) Every individual is equal before the and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.
Official Languages
15. (1) English and Japanese are the official languages of the Empire and have equal rights and privileges as to their use in all institutions of the government of the Yamatai Star Empire.
(2) Nothing in this Charter limits the authority of a legislature to advance the equality of status or use of English and Japanese.
16. Everyone has the right to use English or Japanese in any debates or other proceedings of the government.
17. The Statutes, records and journals of the government shall be printed and published in English and Japanese and both language versions are equally authoritative.
18. Either English or Japanese may be used by any person in, or in any pleading in or process issuing from any court established by the government.
19. Any member of the public of the Empire has the right to communicate with, and to receive available services from, any head or central office of an institution of the government in English or Japanese, and has the same right with respect to any other office of any such institution where;
(a) there is significant demand for communications with and services from that office in such language; or
(b) due to the nature of the office, it is reasonable that communications with and services from that office be available in both English and Japanese.
Minority Language Educational Rights
20. (1) Citizens of the Yamatai Star Empire;
a) whose first language learned and still understood is that of the English or Japanese linguistic minority population of the system in which they reside, or
(b) who have received their primary school instruction in the YSE in English or Japanese and reside in a system where the language in which they received that instruction is the language of the English or Japanese linguistic minority population of the system, have the right to have their children receive primary and secondary school instruction in that language in that system.
(2) Citizens of the YSE of whom any child has received or is receiving primary or secondary school instruction in English or Japanese in the YSE, have the right to have all their children receive primary and secondary school instruction in the same language.
Enforcement
21. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.
(2) Where, in proceedings under subsection (1), a court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Charter, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
General
22. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights and freedoms that exist in the Yamatai Star Empire.
23. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of The Empire.
24. Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
25. Nothing in this Charter abrogates or derogates from any rights or privileges guaranteed by or under the Constitution of The Yamatai Star Empire in respect of denominational, separate or dissentient schools.
26. Nothing in this Charter extends the legislative powers of any body or authority.
