TCT-Law/constitution.tex

333 lines
22 KiB
TeX

\documentclass{craftofficial}
\usepackage{enumitem}
\usepackage{hyperref}
\hypersetup{pdfborder={0 0 0}}
\begin{document}
\settitle{Constitution of the Crafty Table}
% Original: 8th Feb. 2020
% 1st Amendment: 4th Apr. 2020
\setheader{As amended: 4th Apr. 2020}
\introduction{WE, \textbf{the Citizens of the Crafty Table}, BY THE GRACE OF KIPJE, the Sovereign Rulers of the Realm, hereby declare, to all whom shall hear or see, are to know: \bigskip%
having established the greatest community world of all Realms of MineCraft; having created a true democracy where the voice of the people is heard; having determined a need to solidify this great democracy; having concluded that a codification of our constitutional rights is essential to safeguard these goals; having determined that the Citizens of the Crafty Table agree to enact a constitution;\bigskip%
having concluded as such we shall here, having heard the advice of the Administration, in unison with the Legislature, declare as our constitution the following text. Let it be published by the Administration as follows: \bigskip}%
\title{RIGHTS AND OBLIGATIONS}
\chapter{Crafty Table Policy}
\article{Terms and Conditions}{No decree, institution, person, or any other entity shall violate the \href{https://craftfuze.net/terms-and-conditions}{Terms and Conditions} of the Crafty Table or the Law of the Kingdom of the Netherlands. Violation shall result in immediate expulsion from the Server or any such action as required by the Law of the Netherlands.}
\article{Sovereignty of the Owner}{The Owner of the Crafty Table retains the right to set aside, by Executive Order, any Law, decree or decision within the Server. The Constitution shall only be valid within the constraints of the Owner's consent.}
\article{Integrity of the Host}{No person, or any other entity shall threaten or act against the integrity of the Host. Sanctions to this offence shall be defined in the Terms and Conditions of the Crafty Table, and in the Law.}
\article{\textit{Modus operandi} of the Server}{\begin{enumerate}
\item The Server shall be of the type \textit{semi-vanilla survival}. It shall only have such plugins and modifications as to maintain order and safeguard the Servers existence. The Owner retains the right to change this by Executive Order at any moment.
\item The Server can also have plugins and modifications which do not hinder the vanilla experience and streamline special experiences.
\end{enumerate}}
\chapter{Fundamental Principles}
\article{Principle of Equality}{All those within the Realm are to be treated equally under equal circumstances. Discrimination based on race, gender, religion, political orientation, town membership or whatever grounds is explicitly forbidden.}
\article{Freedom of Expression}{\begin{enumerate}
\item Nobody within the Realm needs the consent of any authority in order to express and publicise their thoughts. Limits to this freedom may be defined in the Law.
\item The Law determines the rules regarding private and public broadcasting channels. There is no supervision on the contents of a private broadcasting channel.
\item The former sections are not applicable to advertisements.
\end{enumerate}}
\article{Citizenship of the Realm}{\begin{enumerate}
\item The Law determines who can become a Citizen of the Realm.
\item The Law determines the immigration and extradition of those that are not Citizens of the Realm.
\item Extradition can only be legalized by the Court of Justice, on the basis of the Law.
\item All those within the Realm have a right to revoke their citizenship.
\end{enumerate}}
\article{Right of Liberty}{\begin{enumerate}
\item Nobody can be deprived of their liberty, save for exceptions in the Law.
\item Those of whom liberty has been deprived, by anyone other than a judge, can make an appeal at the Court. They shall be heard within a time period as defined in the Law. The Judge shall rescind the verdict and restore liberty to the accused if found innocent.
\item The trial of those whoms liberty has been deprived for the purpose of the trial shall take place within a reasonable time period.
\item Those who's liberty has been deprived in a lawful manner, can be restricted in the execution of their constitutional rights.
\end{enumerate}}
\article{Limitations to Criminal Offences}{No right is a criminal offence unless so determined by the Law.}
\article{Right to Judicial Access}{Nobody can be withheld against their will from Judges that the Law appoints to them.}
\article{Right to administrative appeal}{Everyone has the right to appeal to administrative decisions.}
\article{Property Rights}{\begin{enumerate}
\item Every Citizen has a right to personal property, and to be protected from interference of this right.
\item Limitations on the right to personal property can be imposed when explicitly and specifically based on the Law.
\item Personal property rights may expire after a by Law determined time of inactivity.
\item Communal and public property is regulated by the Law.
\end{enumerate}}
\article{Seizing of Property}{Seizing of property may only be enforced in public interest and requires monetary compensation, as determined in the Law.}
\article{Right of Settlement}{\begin{enumerate}
\item All those within the Realm may create a settlement.
\item No settlement may be destroyed except when in accordance with the Law.
\item The Law may impose limits on the Right of Settlement in accordance with TITLE VI.
\end{enumerate}}
\article{Right to exploit the Lands}{\begin{enumerate}
\item Every Citizen has a right to exploit the land and take resources into their possession and to convert these into other resources.
\item The Law may impose limits on the exploitation of the land by assigning zones where Citizens may or may not execute their right.
\end{enumerate}}
\article{Electoral Rights}{All Citizens of the Realm have an equal right to participate in representative bodies, save for limitations and exceptions explicitly and specifically stated by the Law.}
\article{Right to Request}{All those within the Realm have a right to submit written requests at legal authorities.}
\article{Principle of Free Conviction}{\begin{enumerate}
\item All those within the Realm have a right to exercise their religion or conviction, either individually or in congress, only to be limited by their responsibility to the Law.
\item The Law can limit the rights in the previous section, for the protection of public order and the integrity of the Host.
\end{enumerate}}
\article{Right of Association}{The Law recognizes the right to association. Limitations may be imposed by Administrative decree to secure public order.}
\article{Right of Assembly and Demonstration}{\begin{enumerate}
\item The Law recognizes the right to assembly and demonstrations, limited solemnly by people's responsibility to the Law.
\item The Law can state regulations for the protection of public order and prevention of disorder.
\end{enumerate}}
\article{Right of Privacy}{\begin{enumerate}
\item Everyone within the Realm has the right to a personal living ambiance, save for limitations and exceptions explicitly and specifically stated by the Law.
\item The Law states regulations for the protection of personal data, in accordance with the Privacy Policy of the Crafty Table.
\item Communications can be monitored by the Administration for protection of public order and obedience to the Terms and Services and Privacy Policy of the Crafty Table.
\end{enumerate}}
\article{Entering of Private Residence}{\begin{enumerate}
\item Entering a residence without explicit consent is only authorised in the cases stated by the Law, by those appointed through the Law.
\item The resident shall be notified through a written report as soon as possible, save for situations specified in the Law.
\end{enumerate}}
\article{Right of Private Communication}{Every Citizen has a right to private communication, through private broadcasting channels or written books, save for exceptions in the Law, and only to be monitored by members of the Administration.}
\article{Right to bear arms}{Every Citizen has a right to bear arms for the purpose of protecting oneselve from hostile entities. Arms may not be utilized against members of the Administration without their explicit consent.}
\article{Labour Laws}{\begin{enumerate}
\item The Law states rules regarding the legal position of those whom provide labour, their protection and participation in decision making.
\item The right of every Citizen to free choice of labour is recognized, save for exceptions in the Law.
\end{enumerate}}
\subarticle{Prohibition on Phantoms}{All spawning of monsters of the type 'phantoms' shall be prohibited on the server. The Administration may enable the spawning of 'phantoms' only for the purpose of short-term events.}
\newpage
\title{THE LEGISLATURE}
\chapter{Organisation and Composition}
\article{The Legislature}{\begin{enumerate}
\item The Legislature consists of the Crafty Council and the Administration.
\item The Crafty Council consists of up to 40 members.
\end{enumerate}}
\article{The Crafty Council}{\begin{enumerate}
\item The Crafty Council represents the Citizens of the Realm. All Citizens have a right to participate in sessions, save for those explicitly and specifically limited by the Law.
\item Attendance of the Council is excluded from those whom have been convicted of a by Law defined offense, and have been condemned to an extradition of at least 2 months; or have been condemned to specifically be denied council participation.
\item The Council shall convene as defined in the Charter of the Crafty Council.
\end{enumerate}}
\article{Monetary Compensation}{Monetary compensation for members of the Legislature is to be determined in the Law. An amendment to this provision requires a two-third majority vote in the Crafty Council and a unanimous vote by all members of the Administration.}
\chapter{Procedure}
\article{Legislative Procedure}{\begin{enumerate}
\item Legislative conventions and meetings are public.
\item The doors of Legislative conventions and meetings can be closed, when a tenth of the present members or the chairman requests so.
\item The Crafty Council is only allowed to convene if a minimum of five members is present.
\item Decisions in the Crafty Council are taken by a majority vote, safe for exceptions as defined in the Law.
\item Decisions by the Administration are taken with a majority vote, safe for exceptions as defined in the Law.
\item The Owner of the Crafty Table shall have a veto on all legislative decisions.
\item Members of the Legislature vote without burden.
\item Votes in the Legislature are counted on an individual basis.
\end{enumerate}}
\article{Executive Attendance}{\begin{enumerate}
\item Members of the Administration have access to Crafty Council conventions and can attend debates.
\item They can be assisted during conventions by people chosen by them.
\end{enumerate}}
\article{Legislature Procedures}{\begin{enumerate}
\item The Crafty Council shall define council procedures in the Charter of the Crafty Council.
\item The Administration shall define legislative procedures in the Decree on Legislative Deliberation by the Administration.
\end{enumerate}}
\newpage
\title{THE ADMINISTRATION}
\chapter{Organisation and Composition}
\article{Members of the Administration}{The Administration shall be composed of the Owner of the Crafty Table, the Administrators and the Moderators.}
\article{Appointment of the Government}{\begin{enumerate}
\item The Owner of the Crafty Table is annointed by Kipje.
\item An Administrator of the Realm is appointed and dismissed at the behest of the Owner of the Crafty Table.
\item A Moderator is appointed and dismissed by an Administrator of the Realm or the Owner of the Crafty Table.
\item An Administrator of the Realm can appoint Citizens to become a Departmental Administrator, to head a Department.
\item The appointment of citizens into the Administration requires a written notification to the Crafty Council, signed by an Administrator of the Realm.
\end{enumerate}}
\article{Departments}{\begin{enumerate}
\item A department is a division of a government where government policies are implemented.
\item A department is overseen by a Departmental Administrator or by an Administrator of the Realm.
\item A Departmental Administrator shall only have legal competence in the legal area of its department.
\item Creation, alteration, and dissolution of departments are determined by Law.
\end{enumerate}}
\article{The Inner Circle}{\begin{enumerate}
\item The Owner of the Crafty Table and the Administrators of the Realm shall form the Inner Circle.
\item The Owner is the chairman of the inner circle.
\item The Inner Circle deliberates and decides on general realm policy and shall promote the coherence thereof.
\end{enumerate}}
\chapter{Legislative Endorsement}
\article{Proposing Legislation}{Proposed legislation by the Administration has to be signed by an Administrator.}
\article{Ratification of Legislation}{Legislation proposed by the Administration and ratified by Crafty Council has to be signed by the proposer and an Administrator.}
\article{Oath of Allegiance}{The Administrators and Moderators shall state in a manner as described in the Law, the acceptance of their office at the Spawn of the World, an oath of affirmation and allegiance to the Constitution and to faithfully discharge their office.}
\newpage
\title{THE JUDICIARY}
\chapter{General Provisions}
\article{Judicial Prerogative}{\begin{enumerate}
\item The Judiciary is dedicated to the adjudication of disputes over civil rights and claims.
\item The Law allows the adjudication of disputes which do not arise from civil law relations to be referred, either to the Judiciary or to courts that do not belong to the Judiciary.
\item Disputes of the previous member shall be open to administrative appeal.
\item The Judiciary is dedicated to the trial of offenses.
\item A penalty of permanent deprivation of liberty may be imposed only by the Judiciary.
\item A penalty of temporary deprivation of liberty may be imposed by the Administration, provided it meets the requirements as determined in the Law.
\end{enumerate}}
\chapter{Organisation and Composition}
\article{Composition of the Courts}{\begin{enumerate}
\item The Law designates the courts which form part of the Judiciary.
\item The Law determines the powers of the Judiciary.
\item The Law determines the organization and composition of the Judiciary in the Charter of the Court.
\end{enumerate}}
\article{Appointment of the Judiciary}{\begin{enumerate}
\item Members of the Judiciary responsible for justice are appointed by the Legislature for life.
\item If no appointed members of the Judiciary are available, an Administrator of the Realm is authorised to act in their stead.
\item Members of the Judiciary are dismissed at their own request.
\item In the cases laid down by the Law, members of the Judiciary may, as designated by the Law, be suspended or dismissed by a unanimous vote of the Crafty Council.
\end{enumerate}}
\article{Misconduct of Officials}{Members of the Legislature and the Administration are to be tried, during or after their service in office, if suspected of misconduct committed whilst in office. The proceedings shall be instituted by an act of the Legislature.}
\article{Public Hearings}{Hearings are in public places, save for limitations and exceptions explicitly and specifically stated by the Law. The verdict and judgment are made in public.}
\article{Judicial Registration}{Judicial verdicts are to be stored and reserved by the Administration.}
\newpage
\title{LEGISLATION AND GOVERNANCE}
\chapter{Laws and Regulations}
\article{Right to Legislation}{Establishment of legislation is to be conducted by both the Crafty Council and the Administration.}
\article{Legislative Initiative}{\begin{enumerate}
\item Proposals of legislation can be submitted by both the Crafty Council and the Administration.
\item Legislative proposals submitted by the Council have to be signed by one or more members of the Council.
\item Legislative proposals submitted by the Administration have to be signed by an Administrator.
\end{enumerate}}
\article{Rescinding Legislation}{As long as legislation has not been passed by the Legislature, it can be revoked by the proposer.}
\article{Special Powers of the Crafty Council}{\begin{enumerate}
\item The Council has the right to amend proposed legislation.
\item The Council has the right to invoke motions the Administration has to follow.
\end{enumerate}}
\article{Legislative Ratification}{\begin{enumerate}
\item A legislative proposal becomes Law after it has been ratified by the Legislature and the proposer.
\item Legislation is to be stored and reserved by the Administration.
\item Legislation is to be published and announced before it can become Law.
\end{enumerate}}
\article{Taxation}{Taxes can only be levied when based in the Law.}
\chapter{Other Provisions}
\article{Monetary Policy}{The Law arranges monetary policy.}
\article{Civil and Criminal Law}{\begin{enumerate}
\item The Law arranges civil law, criminal law, civil process law and criminal process law.
\item The Law arranges rules regarding Governance.
\end{enumerate}}
\article{Transparency}{The Administration attempts to govern transparently as defined in the Law.}
\newpage
\title{REGIONAL GOVERNANCE}
\chapter{Creation and Management}
\article{Regional Legislation}{\begin{enumerate}
\item The Law arranges the creation, amendment, and dissolution of worlds, regions and towns within the Realm.
\item The Law arranges modification to regional boundaries.
\item The mode of governance for regions and worlds is to be determined in the Law.
\item The Laws that apply for worlds are to be determined in the Law.
\end{enumerate}}
\article{Governance of Towns}{\begin{enumerate}
\item A town is to be headed by a Mayor.
\item The Mayor is to be elected by the Citizenry of the Town, from one of its own Citizens.
\item The Mayor has a term of 3 months.
\item The Mayor has full authority within the Town, save for exceptions in the Law.
\end{enumerate}}
\article{Citizenry of Towns}{\begin{enumerate}
\item The initial population of a Town is to be all Citizens of the Realm, with primary housing within the boundary of the Town just defined.
\item Nobody can be a Citizen of more than one Town.
\item Anybody can request to become a Citizen of a Town.
\item The Mayor has full authority to decide on Membership of the Town, with respect to the rights of Citizens as defined in the Law.
\item The Mayor can extradite Citizens, with respects to the rights of Citizens as defined in the Law.
\end{enumerate}}
\article{Governance of Regions}{\begin{enumerate}
\item A region is to be headed by a Governor.
\item The Governor is appointed by the Administration.
\item The Governor has a term as determined in the decree of its appointment.
\item The Governor has full authority within the region for the purpose of maintaining the regions natural state and infrastructure.
\item The Governor is authorised to enact rules to regulate the settlement of the region and the exploitation of the regions natural resources.
\item The Governor is not allowed to prevent Citizens from settling in the land whilst they comply with the regulations of the previous member.
\item The Law may provide limitations to the Governor's powers.
\end{enumerate}}
\article{Financial Obligations}{The Law states which taxes can be levied by towns, regions, and worlds and determines the financial obligations to the Realm.}
\article{Public Bodies}{\begin{enumerate}
\item Public bodies can be created, amended and dissolved in accordance with the Law.
\item The Law determines the tasks and organization of public bodies, the composition, and authority of its administration and the rules regarding publicity of activities. Authorities can be granted by or under the Law
\item The Law determines oversight on these administrations. Repealing of resolutions can only take place if in conflict with the Law or public interests.
\end{enumerate}}
\article{Multitude of Public Bodies}{The Law states rules regarding affairs affecting multiple public bodies.}
\article{Conflicts between Public Bodies}{Conflicts between public bodies are to be resolved in the Court of Justice.}
\newpage
\title{CONSTITUTIONAL AMENDMENT}
\chapter{Procedure}
\article{Initial Procedure}{\begin{enumerate}
\item The Law states, that a proposed amendment to the Constitution, is to be considered in the Legislature.
\item The Crafty Council can split a proposed amendment, if decided by a two-third majority vote.
\item A Constitutional amendment has to the Legislature with a two-third majority vote.
\end{enumerate}}
\article{Related Articles}{\begin{enumerate}
\item The proposal can, before ratification by the Legislature, amend related articles in the constitution as follows:
\begin{enumerate}
\item the proposals adopted and the unamended provisions of the Constitution to the extent necessary for alignment;
\item the division into titles, chapters, and articles, as well as the inscriptions, are changed.
\end{enumerate}
\item A proposal containing provisions as referred to in the section a can only be ratified if passed by the Legislature.
\end{enumerate}}
\article{Legislative Initiation}{Amendments to the constitution, as ratified by the Legislature, shall go into effect at once.}
\article{Conflicting Legislation}{Existing laws, regulations, and decrees that conflict with the amended Constitution shall remain in force until provisions are made in accordance with the Constitution.}
\article{Publication}{The text of the amended Constitution shall be published by a Declaration of the Administration, whereby chapters, articles, and sections can be renumbered and references can be changed accordingly.}
\end{document}