Handover of Power - Constitution E-Book

Andreas Seidl

• Herausgeber: Books on Demand
• Kategorie: Geisteswissenschaft
• Serie: Handover of Power - European Version
• Sprache: Englisch
• Veröffentlichungsjahr: 2022

Seitenzahl: 231

Beschreibung

Constitution rethought Do you sometimes worry that you do not understand how the state in which you live works? And do you also wish your civil rights were respected everywhere in the world? What constitution should our modern society have? This book tells us: ... how a constitution can look like that is tailored to unification with other constitutions so that fundamental rights are unified worldwide. ... how to build a state order in which citizens flexibly rotate their governments between remits and regions, depending on their best suitability. ... which paths ministries can take together or with the citizens in order to implement the will of the people as best as possible. After 20 years of work on this book series, Andreas Seidl thus ventures a step towards founding a party. In doing so, he entertains his readers both intellectually and visionarily. If this work can give you hope, inspire you or move you to action, it has fulfilled its purpose. Available in German and English

Leseprobe

For You

Volume 1: Summary

Volume 2: Derivation

Volume 3: Constitution

Volume 4: State Organisation

Volume 5: Digital

Volume 6: Media

Volume 7: Labour

Volume 8: Planned Economy

Volume 9: Social Market Economy

Volume 10: Barter Economy

Volume 11: Free Market Economy

Volume 12: Finance

Volume 13: Innovation

Volume 14: Education

Volume 15: Health

Volume 16: Infrastructure

Volume 17: Security

Volume 18: Justice

Volume 19: Foreign Affairs

Volume 20: Integration

Volume 21: Family

Acknowledgements

My thanks go to my family and friends who have made me who I am today. Special thanks to all those who supported me in writing this book. I would like to thank all my classmates, teachers, fellow students, lecturers, demonstrators, activists, colleagues, companies and countries with whom I have had the privilege of sharing the experiences from which all the ideas in this book have emerged. I would like to thank the staff of Books on Demand for their kind helpfulness. I thank the citizens of Seligenstadt for the harmony and solidarity in which I was able to write.

Foreword

This policy concept contains a variety of proposals for possible political reforms. It can be peacefully and democratically adapted to any current political system of any state in the world, but also to political systems in families, clubs, associations or companies. Wherever humans make or submit to rules that manage living together, the following proposals can be helpful. Readers who find the proposals so helpful that they would like to implement them together with like-minded people can contact the author. The contact form on the last page can be used for this purpose.

Faults and defects

I ask for your understanding that this volume was not professionally proofread. I could only afford professional proofreading for the summary. Spelling errors and unfortunate phrasing may therefore occur. As soon as this volume has sold enough to pay for a professional proofreading, it will be done. After that, a new edition will be published.

English version

Please understand that this volume has been translated automatically. I could only afford a professional translation for the summary. Poor wording and spelling errors may therefore occur. In case of doubt, the German version shall prevail. As soon as this volume has sold enough to pay for a professional translation, it will be done. After that, a new edition will be published. It was more important to me that no one in the world should have an information advantage than individual translation errors in the complete work.

References

This Constitution incorporates textual elements of the Federal Constitution of the Swiss Confederation of 18 April 1999 (as at 12 February 2017), abbreviated to BV1 and the Constitution of the Canton of Bern of 6 June 1993 (as at 11 March 2015), abbreviated to KV2.

All direct quotations from the BV are in italics, all direct quotations from the KV are in italics and underlined. If the formulations in both Swiss constitutions are identical, the BV is quoted. If italicised or italicised and underlined parts of the text are interrupted by normally set parts of the text, omissions and insertions have been made by the author. Omissions are marked by (...). If words in a sentence are italicised, the rest of the sentence from which it was quoted should be compared with the content of the paragraph, because analogous indirect quotations occur through general adaptations. Similar formulations by the author are therefore neither italicised nor underlined and should be compared with the corresponding sources in the footnote. The following formulations are considered general adaptations to the Swiss constitutions: Municipality and cantons correspond to municipalities, Confederation corresponds to nation and the Federal Assembly corresponds to committee, council of ministers or party council. The Federal Council corresponds to all 18 ministers and the Federal Court to the National Court of Justice. Where state matters were meant, the term “public” was replaced by “state”. Due to all the adjustments, it often happens that verbs or nouns are written in the plural in the original, but here in the singular and vice versa.

The article of the BV or KV from which the direct and indirect quotations originate is listed as a footnote after the number of the paragraph. Example: §123 [Footnote: BV Art.123, KV Art.123] Sample Title [Footnote: Sample Ministry - 1.2.3 Sample Chapters]

After the title of each paragraph, a footnote refers to the volumes and chapters in which the paragraph is referred to. In the affected places in the volumes, there are also footnotes referring to the paragraph, if applicable, individual paragraphs thereof and the Swiss article(s). Example: [Footnote: §123,1,2 Sample title: BV Art.123, KV Art. 123]

The formulations for persons change in the course of the communitarisation of states. In the short term, as described here, they are domestic nationals, in the medium term citizens of the united states of Europe and in the long term citizens of the earth. In the federal context, the international political level is meant for peoples, the national level for the people, and the municipal level for affected citizens. Citizens, population and those entitled to vote are used when referring to the international, national and municipal levels.

Automatic translation may result in different or incorrect wording and italicised or underlined parts may slip by a few words. The German version is authoritative.

1 This is not an official publication. Only the publication by the Swiss Federal Chancellery is authoritative. https://www.fedlex.admin.ch/eli/cc/1999/404/de On 14.12.2021

2 This is not an official publication. The Bernese Official Collection of Laws is authoritative. https://www.belex.sites.be.ch/frontend/versions/2420?locale=de#ART71 On 16.12.2021

Table of contents

Preamble

Title 1: Personal rights

Chapter 1: Fundamental rights

§1 Human dignity

§2 Equality of rights

§3 Protection against arbitrary state action

§4 Right to life

§5 Individual and social responsibility

§6 Moral obligations

§7 Personal rights

§8 Protection of children and youths

§9 Right to assistance in emergency situations

§10 Protection of privacy

§11 Right to marriage and family

§12 Freedom of belief and conscience

§13 Freedom of expression and information

§14 Data protection

§15 Freedom of the media

§16 Language freedom

§17 Right to education and research

§18 Academic freedom

§19 Freedom of art

§20 Freedom of assembly

§21 Freedom of association

§22 Freedom of movement

§23 Freedom of establishment

§24 Protection against expulsion, extradition and deportation

§25 Property guarantee

§26 Economic freedom

§27 Common good

§28 Freedom of coalition

§29 General procedural guarantees

§30 Judicial proceedings

§31 Legal protection

§32 Deprivation of liberty

§33 Criminal proceedings

§34 Right of petition

§35 Political rights

§36 Realisation of fundamental rights

§37 Cultural protection areas

§38 Restrictions on fundamental rights

Chapter 2: Civil and political rights

§39 Civil rights

§40 Acquisition and loss of civil rights

§41 Exercise of political rights

§42 Nationals living abroad

Chapter 3: Social rights

§43 Social rights

§44 Social welfare

§45 Welfare state

Title 2: State organisation

Chapter 1: State foundations

§46 State

§47 People

§48 Citizens affected

§49 Purpose

§50 Nation

§51 Municipalities

§52 Subsidiarity

§53 National language

§54 Principles of the rule of law

§55 Communitarisation of states

Chapter 2: Parties

§56 Political parties

§57 Party members

§58 Parliamentary groups

Chapter 3: Government personnel

§59 Politicians

§60 Eligibility

§61 Election of persons process

§62 Incompatibilities

§63 Term of office

§64 Public liability

§65 Instruction ban

§66 Prohibition of corruption

§67 Immunity

§68 Popular empowerment

Title 3: State powers

Chapter 1: Control of Power

§69 Separation of powers

§70 Superintendence

§71 Review of effectiveness

Chapter 2: Legislation - Making of law

§72 Right of initiative and right of motion

§73 Implementation of initiatives

§74 Form of decrees

§75 Legislation

§76 Legislation in case of urgency

§77 Revision of the laws

§78 Publicity of meetings

§79 Venues

§80 Capacity to negotiate and quorum

§81 Required majorities

§82 State of exception

§83 Flexible democracy

Section 1: Direct democracy

§84 Political civil rights

§85 Quorum

§86 Voting

§87 Mandatory referendum

§88 Election weeks

§89 Citizens’ initiatives

§90 Invalid initiatives

§91 Procedure for initiative and counter-draft

§92 Committees

§93 Convening of committees

§94 Digital participation in committees

§95 Committees in the election of persons process

§96 Committees in the legislative process

§97 Committee of enquiry

Section 2: Indirect democracy

§98 Ministers

§99 Ministries

§100 Party Council

Section 3: Representative democracy

§101 Council of Ministers

§102 International Council

Chapter 3: Executive - Execution of law

§103 Government policy

§104 Government decisions

§105 Liability for government decisions

§106 Responsibility for government and control

§107 Powers of the governments

§108 Composition and election of the government

§109 Chair of the government

§110 Collegial principle

§111 Administration

§112 Heterarchical organisational principle

Chapter 4: Mediative - Mediation of law

§113 Media democracy

§114 Federal Moderator’s Office

§115 Moderators

Chapter 5: Judiciary - Jurisprudence

§116 Position of the National Court of Justice

§117 Responsibilities of the National Court of Justice

§118 Admission to the National Court of Justice

§119 Governing law

§120 Constitutional Court

§121 Remit Courts

§122 Municipal Courts

§123 Courts

§124 Judicial independence

§125 Judicial instances

Title 4: Federalism

Chapter 1: Federal foundations

§126 Principles of federalism

§127 Population and territory of municipalities

§128 Municipal self-determination

§129 Autonomy of the municipalities

§130 Cultural protection areas and economic zones

Chapter 2: Federal Law

§131 Constitutional order

§132 Declaration of general applicability and obligation to participate

§133 Precedence and compliance with national law

§134 Implementation of the law

Chapter 3: Federal Relations

§135 Tasks of the ministries

§136 Relations between nations, nation and municipalities

§137 Interaction of national and municipal staff of ministries

§138 Federal relations between several ministries

§139 Treaties between municipalities

Chapter 4: Federal Legislation and the Executive

§140 Federal election of persons

§141 Municipal government

§142 Municipal laws

§143 International Government

§144 Federal legislation

§145 Federal committees

Title 5: Responsibilities

Chapter 1: Financial regulations

§146 Procurement of funds

§147 Profits of the Ministries

§148 Principles of taxation

§149 Tax harmonisation

§150 Business taxes

§151 Value added tax

§152 Tariffs

§153 Exclusion of double taxation

§154 Tax reduction

§155 State expenditure

§156 Principles for the allocation of tax money

§157 Budget management

§158 Ministry finances

§159 Budget vote

§160 Financial Supervisory Authority

§161 Financial and burden equalisation

Chapter 2: Foreign countries

§162 Foreign affairs

§163 Relations with foreign countries

§164 Participation of citizens in foreign policy decisions

§165 Relations of municipalities with foreign countries

§166 Relations with foreign countries and treaties under international law

§167 Implementation of international law treaties

§168 World peace

Chapter 3: Security, national defence, civil defence

§169 Security

§170 Moral courage

§171 Civil defence

§172 Internal and external security in a state of emergency

§173 Army

§174 Military and People’s Service

§175 Organisation, training and equipment of the armed forces

Chapter 4: Education, research and culture

§176 Education space

§177 School system

§178 Training contributions

§179 Promotion of children and youths

§180 Schools and colleges

§181 Vocational training

§182 Continuing education

§183 Research and innovation

§184 Promotion of music, sport, film, culture and art

§185 Languages

§186 Peaceful separation

§187 Separation of church and state

§188 Statistics

Chapter 5: Environment and spatial planning

§189 Sustainability

§190 Environmental protection

§191 Nature and homeland protection

§192 Water

§193 Forest

§194 Animal welfare

§195 Fishing and hunting

§196 Spatial planning

§197 Surveying

§198 Home ownership

Chapter 6: State enterprises and Transport

§199 State enterprises

§200 Traffic

§201 Road traffic

§202 Transit traffic

§203 Heavy Vehicle Fee

§204 Footpaths and hiking trails

Chapter 7: Energy and Communication

§205 Energy policy

§206 Transport of energy, data, water and waste water

§207 Telecommunications

§208 State media

§209 Press

Chapter 8: Economy

§210 Principles of economic order

§211 National supply

§212 Structural policy

§213 Economic policy

§214 Competition policy

§215 Gainful employment

§216 Joint-stock companies

§217 Banks and insurance companies

§218 State bank

§219 Central Bank and currency policy

§220 Agriculture

§221 Drugs

§222 Money games

§223 Weapons and war material

§224 Protection of consumers

§225 Foreign trade policy

Chapter 9: Housing, Work, Social Security & Health

§226 Housing and home ownership promotion

§227 Rental business

§228 Labour

§229 Unemployment, old-age, survivors’ and disability pensions

§230 Social security

§231 Integration of disabled persons

§232 Occupational pension scheme

§233 Unemployment placement

§234 Children’s rights, child benefit and parental protection

§235 Health and accident insurance

§236 Healthcare

§237 Protection of health and the environment

§238 Alternative medicine

§239 Research on humans

§240 Reproductive medicine and genetic engineering in the human sector

§241 Transplant medicine

§242 Genetic engineering in the non-human sector

Chapter 10: Residence and Settlement of Foreigners

§243 Legislation on foreigners and asylum

§244 Immigration management

§245 Quota of foreigners

§246 Naturalisation

Chapter 11: State law, civil law, criminal law, metrology

§247 State law

§248 Civil law

§249 Criminal law

§250 Victim assistance

§251 Duration of detention

§252 Metrology

Title 6: Amendment of the Constitution and Transitional Provisions

Chapter 1: Amendments to the Constitution

§253 Constitutional amendments

§254 Total revision

§255 Partial revision

§256 Revision quorum

§257 Constitutional initiative

§258 Constitutional referendum

§259 Entry into force

Chapter 2: Transitional Provisions

§260 Transitional provisions

§261 Transitional provision towards this constitution

Contact form

Preamble3

In the name of humanity, the earth and the universe!

The domestic people give themselves,

in our responsibility towards creation,

striving to renew democratic unity on a daily basis in order to strengthen unity, justice, freedom, democracy, independence and peace in solidarity and openness towards the world and in the world,

in the will to live its diversity in unity in mutual consideration and respect,

aware of the common achievements and the responsibility towards future generations,

knowing that only those who use their freedom are free, and that the strength of the people is measured by the well-being of the weak,

following constitution:

3 Preamble of the BV

Title 1: Personal rights

Chapter 1: Fundamental rights

§14 Human dignity5

The dignity of the human being must be respected and protected.

§26 Equality of rights7

1 All humans are equal before the law. Substantially equal things are to be treated equally, substantially unequal things unequally.

2 No one may be discriminated against, namely on the grounds of origin, race, gender, age, language, social status, way of life, religious, ideological or political convictions or on the grounds of a physical, mental or psychological disability.

3 Men and women have equal rights. The law ensures their equality in law and in fact, especially in the family, training and work. Man and woman are entitled to equal pay for work of equal value.

4 The law provides for measures to eliminate disadvantages faced by disabled persons.

5 The municipal law may provide for discriminatory exemptions in cultural protection areas.

§38 Protection against arbitrary state action9

1 Every person has the right to be treated by the state organs without arbitrariness and in good faith.

2 In the event of suspicion of arbitrary state action, every person has the right to report this to the police, the public prosecutor’s office or Surveillance Television. The aforementioned bodies are obliged to investigate the incident and to put an end to any arbitrary rule and to punish it legally.

3 The Ministry of Justice shall determine further details in the law.

§410 Right to life11

1 Every human being has the right to life, but not the duty. The death penalty is forbidden. Suicide is permitted. Life sentenced prisoners may commit suicide at the earliest after 20 years of detention.

2 Every human being has the right to personal freedom, in particular the right to physical and mental integrity.

3 Torture and any other form of cruel, inhuman or degrading treatment or punishment are prohibited. Exceptions are such treatment for pleasure by contractually declared mutual consent.

§512 Individual and social responsibility13

1 Each person shall assume responsibility for him- or herself and contribute to the accomplishment of tasks in the state and society to the best of his or her ability.

2 Every person may do what he or she likes as long as he or she does not cause damage to humans or the environment.

3 Whether damage is caused to a human being is decided by that human being on a case-by-case basis, by asking permission before a potentially harmful act is carried out, whether the act may be carried out with him or her.

§6 Moral obligations14

1 Humans are there to make other humans happy.

2 Every human being may live as he or she wishes, as long as he or she does not demand that anyone else do the same. If one is damaged by the behaviour of others, one must make this known and justify it on the basis of law. But if other people’s behaviour only disturbs you because you want them to behave the way you behave, you should let them live that way.

3 All humans are equal. Every human being is our species, which must be protected and preserved.

4 The most effective idea wins, no matter who it comes from or where it comes from.

5 Special situations require special measures.

6 The earth is our homeland. Its integrity until the universe destroys it is the human’s highest commandment.

7 Ignorance must not be exploited and does not protect against sentence.

§715 Personal rights16

1 All persons within the country enjoy the protection of their fundamental rights by the domestic authorities and by all their fellow citizens.

2 Every person shall fulfil duties imposed on him or her by the Constitution and legislation based thereon.

3 In addition to responsibility for oneself, every person bears responsibility towards fellow human beings and co-responsibility for ensuring that the right to self-determination is also safeguarded for future generations.

4 Every person has the lifelong right to sexual self-determination. Sexual acts with other persons require the mutual consent of all participants. Restrictions for minors are regulated by the Ministry of Family Affairs in the law.

§817 Protection of children and youths18

1 Children and youths are entitled to special protection of their integrity and to promotion of their development.

2 They shall exercise their rights within their capacity of judgement. They shall be democratically involved in decisions about them. They shall have the right to vote for the ministries of family and education from the age of ten.

§919 Right to assistance in emergency situations20

1 Anyone in distress (...) is entitled to assistance until his life is out of danger and he is again in possession of his physical and mental faculties.

2 Domestic nationals who are unable to care for themselves are entitled to assistance and care and to the means essential for a dignified existence.

§1021 Protection of privacy22

1 Every person has the right to respect for his or her private and family life, his or her home and his or her correspondence, post and telecommunications.

2 Every person is entitled to protection against misuse of their personal data.

3 Personal data is the property of the person and can only be lent with that person’s consent.

§1123 Right to marriage and family24

1 The right to marriage and family is guaranteed.

2 Any number of humans of any sex may enter into marriage and found a family.

§1225 Freedom of belief and conscience26

1 Freedom of faith and conscience is guaranteed.

2 Every person has the right freely to choose and to manifest, alone or in community with others, his or her religion or belief.

3 Every person has the right to join or belong to a religious community and to follow religious instruction.

4 No one may be compelled to join or belong to a religious community, to perform a religious act or to follow religious instruction.

§1327 Freedom of expression and information28

1 Freedom of expression and information is guaranteed.

2 Everyone has the right to form his or her opinion freely and to express and disseminate it without interference.

3 Every person has the right to freely receive, obtain from generally accessible sources and disseminate information.

4 Pre-censorship is not permitted in any case.

5 Nationals have the right to inspect all official files, unless there are overriding state or private interests to the contrary. Every person has the right to inspect all state files concerning him or her, except for criminal investigation files of ongoing proceedings.

§1429 Data protection30

1 The originator of data is the owner of that data. Data shall be considered as on loan from the originator to the user. The purpose of use must be contractually agreed. Users of this data are obliged to ensure data protection.

2 Every person has the right to access data processed about them and to request that inaccurate data be corrected and that inappropriate or unnecessary data be destroyed.

3 Authorities may only process personal data if there is a legal basis for doing so and the data is suitable and necessary for the performance of their duties.

4 They make sure that the processed data is correct, secure it against misuse and inform the owner about the retrieval of his data.

§1531 Freedom of the media32

1 The freedom of the press, radio and television and other forms of (...) dissemination of performances and information by telecommunications shall be guaranteed.

2 Censorship is prohibited.

3 Editorial secrecy is guaranteed.

4 State media are unfree, beholden to the law and the people, and operated by the ministries of media and digital.

§1633 Language freedom34

1 Freedom of language is guaranteed. Persons may speak the language they prefer.

2 In language and correspondence with state institutions and employees, the domestic language shall be the official language.

§1735 Right to education and research36

1 The right to sufficient and free education and its rating by the taught is guaranteed for life for all domestic nationals by the Ministry of Education.

2 The right to support research and development is guaranteed for life for all domestic nationals by the Ministry of Innovation.

§1837 Academic freedom38

1 The freedom of academic teaching and research is guaranteed.

2 Persons engaged in science, research and teaching shall assume their responsibility towards the integrity of human, animal and plant life and their life-support systems.

§1939 Freedom of art40

1 The freedom of art is guaranteed.

2 Art must operate within the framework of this constitution.

3 The Ministry of Family Affairs shall lay down more detailed provisions on the definition of art in the law.

§2041 Freedom of assembly42

1 Freedom of assembly is guaranteed.

2 Every person has the right to organise meetings, to attend meetings or to stay away from meetings.

3 Demonstrations on public property may be declared subject to authorisation by law (...). They shall be permitted if an orderly process is ensured and the disturbance of other users appears reasonable.

4 The Ministry of Security shall determine more detailed provisions on reasonable interference in the law.

§2143 Freedom of association44

1 Freedom of association is guaranteed.

2 Every person has the right to form, join or belong to clubs and to participate in the activities of unifications.

3 No one may be forced to join or belong to a unification.

§22 Freedom of movement45

1 Every person may move freely within the inland without fear for his or her physical, mental and financial integrity.

2 In cultural protection areas, the first violation of the exemption rule there must be punished with a warning. The second offence is punishable by a dismissal, which extends to the entire cultural protection area.

3 More detailed provisions on cultural protection areas shall be determined by the Ministry of Integration in the law.

§2346 Freedom of establishment47

1 Nationals have the right to settle anywhere in the country.

2 The place may be restricted by law in a cultural protection area.

3 Domestic citizens have the right to leave or enter the inland.

4 The Ministry of Integration shall determine more detailed provisions for foreigners in the law.

§2448 Protection against expulsion, extradition and deportation49

1 Domestic citizens may not be expelled from the inland.

2 They may only be extradited to a foreign authority with their consent or by order of a domestic court following its final judgement.

3 Foreigners may not be deported or extradited to a state where they are persecuted or where they are threatened with torture or any other kind of cruel and inhuman treatment or punishment.

4 Foreigners lose this right if they break this constitution by committing criminal offences inland. The offenders must have been sentenced to imprisonment or 3 lesser sentences by domestic courts. The departure must take place directly after serving the imprisonment.

5 More detailed provisions on foreigners are set out in the law by the Ministry of Integration.

§2550 Property guarantee51

1 Ownership is guaranteed.

2 Expropriations and restrictions on ownership that amount to an expropriation shall be fully compensated.

3 Property must be disposed of in a professional manner without causing damage to humans and nature. The appropriation of disposed property is permissible for everyone until the disposal company commissioned by the disposing owner can take possession of the property. If other humans wish to continue using the disposed property, it becomes their property.

4 Municipalities create favourable conditions for the broad distribution of private land ownership, especially for self-use and self-management by domestic nationals.

§2652 Economic freedom53

1 Full economic freedom is guaranteed in the Free Market Economy and is only limited by the Constitution and the Ministries of Labour and Free Market Economy. Economic freedom is restricted in the Barter Economy, Social Market Economy and Planned Economy by the responsible Ministry of Economy.

2 The freedom of election to a profession and to a job, economic activity and the right to professional and labour union association are guaranteed for nationals and migrant workers.

3 It includes in particular the free election for capital and labour between the four economic forms, the profession, as well as the free admission to an economic gainful activity and its free and safe exercise.

4 The four economic forms offer different conditions for freedom and security in poverty or wealth in risk and money.

a. Free and poor are members of the Barter Economy.

b. Safe and poor are members of the Planned Economy.

c. Secure and rich are members of the social market economy.

d. Free and rich are members of the Free Market Economy.

5 The ministries of economy shall issue regulations on freedom of contract.