Superior
Constitution Content
§1: Who has nature-given rights? §2: Who does not have nature-given rights? §4: Individual rights of adults. The right to liberty §5: The rights of children and others under guardianship §9: Establishing property right and right to use §10: Property right and free enterprise §14: Judicial
processing of right violations §15: The function of the State §17: Citizenship and access to the country §18: The limitation of the laws §19: The validity of the Superior Constitution §20: Interpretation of the
Superior Constitution The paragraphs of the Superior
Constitution |
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§1: Who has nature-given rights?
All
legitimacy is based on not violating already
achieved or directly inborn rights. Each collection of matter having the
ability to perceive happiness/unhappiness has a nature-given right to pursue happiness according to its
fundamental nature. This includes: |
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a) |
Adult
humans (not being under guardianship) plus elements mentioned in §12a. The
latter have only indirectly the right
to pursue happiness according to their constitution on behalf of the
happiness-perceiving elements of §1a that directly or indirectly make up
their members. |
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b) |
Humans
who are not of legal age, included embryos with ability to perceive
happiness/unhappiness. |
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c) |
Humans
who are under guardianship due to low intellectual capacity, psychical
disturbances etc. |
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d) |
Superior
animals – wild ones and animals possessed by an owner. |
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e) |
The
statements in §1 a-d do not exclude other happiness-perceiving beings that
will arise by evolution or human-made technology after the onset of the
Superior Constitution. |
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f) |
The
State may give extra non-nature-given rights to elements mentioned in a-e as
long as this does not violate the nature-given rights of elements mentioned
in this paragraph's points a-e. The General
Constitution and the Law give further instructions. |
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g) |
Considering
limiting cases, the State has to estimate the practical content of the actual
right from a best
possible objective judicial evaluation
ensuring that the nature-given rights of others are not violated. The State
is obliged to defend all rights of all elements of §1a-e inside the territory
of the State. The practical exercise of this defense
is prescribed by the General Constitution and the Law. |
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§2: Who does not have
nature-given rights?
Each
collection of matter that does not have the ability to perceive
happiness/unhappiness does not possess any nature-given rights
whatsoever. This includes plants and also early human embryos and animals
which are not so superior that they have developed a nerve system capable of
perceiving happiness/unhappiness, but does not exclude others. |
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§3: Violations of
rights
An action is punishable only if it is
right-violating. Rights may be violated as mentioned in §3a-e: |
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a) |
Initiation of physical/psychical force
against elements of §1a, their property or their on-going use of natural
resources. i) Physical force includes murder,
violence, assaults, rape, vandalism, theft, unauthorized imprisonment,
occupation against owner's wish, and hindrance of established use of natural
resources. ii) Psychical force is the use of non-physical activity for
preventing an element of §1a from using his rational abilities during a
choice of action. This includes all forms of non-physical activity directly addressed against another
individual which this individual clearly has marked that he does not accept
or which the performer ought to know that he would not accept, and which this
individual has to do something actively to avoid (e.g. threats of physical
violence, screaming, scolding, roaring, exaggerated sharp tone, defamation).
It also includes swindle and contract breach. |
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b) |
Psychical force also includes activity which,
alone or as a participant (§3c) in a sum, inflicts elements of §1a well-founded
fear by having significant danger of manifesting into physical right
violations even if such violations do not appear in practice; the danger has
to provably exceed a judicially estimated threshold. In this way sincere
planning for a right-violating action may also represent psychical force even
if no violation is realized. Activity, which is not a call for
right-violating action but which others may be affected by to carry out
right-violating action, is not
right-violating. |
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c) |
An action may be right-violating by
participating as a part of a sum in a right violation even if the part does
not trigger the violation by itself. In order to be regarded as a participant it has to be proven beyond
rational doubt that the action contributes logically to the right violation beyond
the content of §3b, last part. Providing – deliberately or through gross
negligence – objects that are subsequently used for a right-violating action
is regarded as participation in the right violation if and only if you knew
or ought to have known that the objects would be used in a right-violating
manner or that the danger thereof was threshold-exceeding via §3b. |
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d) |
Parental
omission of developing a child's rational potential as mentioned in §5. Initiation
of physical/psychical force against elements of §1b,c
which does not contribute to develop their rational potential or to take care
of their self-interest. Initiation of physical/psychical force against
elements of §1b,c without permission from the parents/guardian
except when being necessary for preventing such elements from acutely hurting
themselves. |
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e) |
The
use of force against elements of §1d suppressing their fundamental natural
instincts as mentioned in §6b. |
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f) |
An exception
from point a is if there exists an explicit
acceptance of such force on beforehand (§11b). |
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g) |
The
use of force may be free of punishment in self-defense
against physical or psychical force. Such force may only be directed against
those who have initiated force. A self-defender may not impose aggressor with exaggerated
disproportional consequences compared to the degree of severity of the right
violation, and he has to make maximum efforts to prevent third party damage. If so, all responsibility for any third party damage rests upon the
aggressor; in the opposite case, the performer of self-defense
and the aggressor share the responsibility for the third party damage. |
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h) |
Remaining passively to elements of §1 or
their property or right-to-use-objects will never be right-violating unless
you on beforehand voluntarily have committed to something else, yourself or
your property poses a danger to them, or your efforts are demanded to
compensate for a right-violating act that you have performed against them
(cf. §4c). |
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i) |
The
State is obliged to defend rights mentioned in §3 in accordance with the
principles of §1g. |
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§4: Individual rights
of adults. The right to liberty
A
rational being is a being that has the ability to process the sense
perceptions by logical thinking in order to choose to perform actions so the
being can influence its own destiny through technological evolution and
thereby liberate itself from its natural instincts. Happiness-perceiving
rational beings have a nature-given right
to liberty according to the following definition: “the right to think up and
to choose to perform those actions which are necessary in the pursuit of
maximization of self-happiness during the life span as long as one does not
violate the similar right of others or other nature-given rights or their
logical consequences”. |
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a) |
Elements
of §1a are (or function indirectly as) happiness-perceiving, rational beings
and therefore, they have the right to
liberty. |
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b) |
Elements
of §1a may not legitimately violate the similar right of similar elements,
neither the rights of other elements mentioned in §1. This also applies for
the State. |
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c) |
Neither the State nor anyone else has the
right to impose any kind of slavery, involuntary servitude or similar upon
any element of §1a except as punishment or repair for a right-violating
action. |
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d) |
Eventual
other non-human rational, happiness-perceiving beings that might arise after
the onset of the Superior Constitution will have the similar rights. Such a
new rational being must have a nature enabling it to respect the rights of
elements in §1 and to carry out its own technological evolution liberating
the being from its natural instincts. |
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e) |
The
State is obliged to defend the rights in §4 in accordance with the principles
of §1g. |
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§5:
The rights of children and others under guardianship
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a) |
The
nature of the child is a potential rational being and thus, a child has potential right to liberty. Elements
of §1b have a nature-given right to
parents in the sense that the biological parents (or others who have
adopted this function) are obliged to be a leader for the child in order to
develop its inborn rational genetic potential into an adult human being who
is able to use the right to liberty
for maximizing self-happiness according to §4. The duty of the parents
includes the right to maintenance, care, natural biological development
(health), upbringing, and fundamental education. |
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b) |
A
parent is a person who voluntarily has accepted the obligations in §5a either
by making the decision of producing a baby or by entering into a contract
accepting this responsibility. |
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c) |
Elements
of §1c have the rights as mentioned in §5a until they can live without
guardianship – eventually for the rest of their lives. |
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d) |
The
State is obliged to defend the rights in §5 in accordance with the principles
of §1g. |
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§6: Animals' rights
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a) |
Superior
animals have an instinctive, happiness-perceiving nature. According to §1,
elements of §1d therefore have a nature-given right to act in accordance with their fundamental instincts, but such
elements do not possess the right to
liberty since they are not rational beings. |
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b) |
The
State, in cooperation with the most outstanding experts on the subject, shall
make a best possible
objective judicial estimation of the limits of “in accordance with the animal's
fundamental instincts” for each species. The Law gives further
instructions. |
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c) |
Eventual
other rational, happiness-perceiving beings than the humans will have the right to liberty if they comply with
the criteria of §4d in the future. |
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d) |
The
State is obliged to defend the rights in §6 in accordance with the principles
of §1g. |
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§7: The right to life
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a) |
Each
individual of §1a has the right to life;
i.e. the right to perform those actions needed for sustaining life as long as
he does not violate any rights of any element mentioned in §1. |
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b) |
Elements
of §1b-c have the right to life in
the sense that the parents or guardian are obliged to ensure “survival within the scope of reasonable
technology” according to the principles of §5a. |
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c) |
No
contemporary non-human being has the right
to life. |
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d) |
Eventual
other rational, happiness-perceiving, future beings than the humans will have
the right to life if they comply
with the criteria of §4d. |
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e) |
The
State is obliged to defend the rights in §7 in accordance with the principles
of §1g. |
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§8:
Self-determined abortion
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a) |
Women
have unlimited right to self-determined abortion as long as the embryo's
nerve system is not developed in such a way that it has the ability of
perceiving happiness/unhappiness (e.g. pain). |
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b) |
After
the embryo is developed to a level where it possesses the ability of
perceiving happiness/unhappiness (e.g. pain), it is counted as an element of
§1b and has rights thereof. |
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§9: Establishing
property right and right to use
Property
is a physical or intellectual manifestation arising from the use of the right to liberty to process natural
resources away from the natural state into a state of increased usability. Property right is “the right to acquire property and to dispose this property as long
as the owner does not violate the similar right of others or violates other
nature-given rights or their logical consequences.” Right to use is “the right
to continue an initiated use as long as one does not violate the similar
right of others or violates other nature-given rights or their logical
consequences.” This right arises by using the right to liberty to initiate the use of an unused and non-owned
natural resource or land area without processing it away from the natural
state. |
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a) |
Each
element of §1a has the right to pursue to work up property right on non-owned land areas and natural resources. It
is the preparation of the land area that gives rise to the property right and not the area in
itself. The property right may be
transferred to other elements of §1a,b,c,e as a
consequence of the contractual freedom
(§11). |
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b) |
Each
element of §1a may try to establish right
to use on non-owned and unused natural resources or land areas. The right to use may be transferred to
other elements of §1a,b,c,e as a consequence of the contractual freedom (§11). |
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c) |
An element of §1a who has a right to use
on a land area (or similar) – without the existence of other's rights to
use – may sovereignly convert the area to a
state that implies property right. If two or more elements of §1a have
rights to use on the same area, all parties have to agree (cf. §11) if
anyone are to convert the area into property right. |
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d) |
Establishing
right to use to professional
fishing and hunting on non-owned resources may occur by the ones
traditionally having performed fishing/hunting on a particular resource,
acquire right to use to a part of
the annual increase of the actual resource. |
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e) |
Conflicts
over who has the right to establish property
right or right to use are
settled by the principle “first come, first served”. |
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f) |
It
is not possible to achieve right to use
on property of elements of §1a through continuing use (by prescription);
rights on such property may only be achieved through an accepting agreement. |
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g) |
The
State does not possess the right to discriminate any element of §1a in
connection with §9 with reference to “public considerations”, “the peoples'
best”, “the total maximization of happiness” or “just distribution” etc. The
State may only intervene if the establishing violates the rights of elements
of §1. |
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h) |
When
a worked-up property or land area for practical
purposes decays to a state similar to the natural state or to a state without
increased usability compared with the natural state, the property right ceases, and each element of §1a has the right to
pursue to establish new property right
without compensating the former owner. The right to use ceases when the initiated use ceases. The practical accomplishing
is prescribed by the Law. |
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i) |
The
State is obliged to defend the rights in §9 according to the principles of
§1g. |
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§10: Property
right and free enterprise
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a) |
As
a consequence of §4 and §9, each element of §1a has the right to acquire
property as long as he does not violate the similar right of others or the
rights of other elements of §1. |
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b) |
Each
element of §1a has the right to manage their property and enterprises
(including currency management) as long as they do not violate any rights of
any elements of §1. Supported by §3c, such violations also include those which as a part of a sum violate the right to life, liberty, property or
instincts according to a court's evaluation (including negative
environmental disturbances and trade with §1a-elements in right-violating
states). |
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c) |
All kinds of expropriation,
confiscation, compulsory taxation or similar of elements of §1a are forbidden
unless used for compensating one's own right-violations. In extreme situations confiscation may occur via collateral damage
(§3g), without being illegitimate by the State, when the State exercises
self-defense on behalf of elements of §1 against
right-violators, but only for financing the judicial system, Police and
military defense (strictly defined) and child welfare
services when absolutely all other options of legitimate
financing are impossible. |
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d) |
If reduction in the value of an already
established usage of a property arises through objectively measurable
physical burdens or obstructions from neighboring activity or new
constructions, those who caused this have to pay at least full compensation
for the loss of estimated market value. If an already established usage of
the property de facto becomes impossible, the burdens / obstructions
have to be prohibited or reversed. |
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e) |
The
State does not have the right to regulate private property or enterprises
(private currencies included) of elements of §1a with reference to “public
considerations”, “the peoples' best” or “the total maximization of happiness”
etc. unless the owners voluntarily have signed a contract on this or if a
right-violating action has been committed. |
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f) |
The State does not possess the right to
prohibit, regulate or break up any company etc. owned by elements of §1a
because of dominating market position unless the owners voluntarily have
signed a contract on this, or if other elements of §1 are trapped in an
essential natural monopoly. The State does not have the right
to keep any monopoly where the State prohibit private actors of §1a from
competing – except for system of justice, military and Police tasks in a
strict interpretation. |
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g) |
The
price of a product or service is settled by a contract between the parties
(§11). Considering the consumption of a product or service where the price is
not agreed on before the consumption starts, the price (and other terms) is
to be what the customer realistically could expect at the time point when the
seller accepted that the consumption was initiated, i.e. accustomed price for
existing customers and average market price for new customers (§11h). This also applies for the use of
roads, road nets and other natural monopolies. |
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h) |
A
newly established currency may not be inflated significantly more than what
is normal for commonly used currencies unless an option for this is very
clearly stated in the currency's constitution before it was introduced the
first time. Currencies that have been compulsory tender or that have been
monopolistic by law (or these currencies' successors) may never be legitimately
inflated. Inflation is defined as an increase in the money supply exceeding
the increase in real GDP. This paragraph is a consequence of §10g. Violation
of this point is to be considered as confiscation of property. |
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i) |
The State may not prohibit any element of §1a
to produce, sell, buy or own products or services unless these are to be
considered as a direct threat against the rights of third party elements of
§1; however, §11f will in special cases strongly be able to encumber
transactions of certain products and services. |
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j) |
Elements
of §1a has property right to
outlines of non-trivial product ideas. Therefore, patent rights are
legitimate instruments to defend the property
right, but may be restricted to a certain period of time. The same
applies for registered trademarks, design protection and copyright. |
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k) |
According to
§3b,c,g the State may regulate acquiring, owning and carrying weapons for self-defense or other activities out of consideration for
exaggerated third-party and retaliation damages. The same applies for
chemical poisons and biological organisms/molecules that may be used for mass
destruction. The State has to estimate the limitation of the right to
acquire, own or carry weapons according to the principle of minimizing the
sum of dangers of right violations in society. Private armies and Police forces are not
allowed since the State has monopoly on these areas. Weapons of war are exclusively
permitted for the military forces. |
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l) |
Property right to
forest does not exist, only right to
use to forestry (§9b). Therefore, the forester may not prevent other use
of the forest that does not violate his forestry, and anyone has the right to
move about there. The
similar principle applies to other kinds of outlying fields that are not
processed away from the natural state. The locals (municipally) may have
established a collective right to use to walking and recreation (and
similar) in non-processed outlying areas through their persistent use for
this purpose; such right to use is collectively managed by a local
foundation (or similar) whose representatives are chosen by the locals. |
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m) |
Given two areas/ real estates a and b that are owned
by element A and B, respectively, or which are non-owned without being
naturally localized inside an owned area. The area between a
and b (or parts of it) is processed by element C (e.g. by building a
road, wall or buildings). In such a situation all individuals in §1a still
possess the right to move themselves and their movable property between a and b in similar manners and conditions as they would
have been entitled to immediately before the processing except that they may
have to accept a reasonable detour. |
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n) |
According
to §15d, the State may – unless there is a prohibition in the General
Constitution or the Law – subsidize whatever activity as long as the funding
is not acquired in a right-violating manner. |
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o) |
Testator
has unlimited right to decide how his belongings are to be distributed after
his death. Paragraphs like those stated in Contractual freedom §11c,d,e also apply
here. If the deceased has not made any explicit decision on his inheritance,
his after-death-belongings are distributed according to a presumptive
testament that expresses the most probable will of the deceased at the very
moment before his death. Rules for defining presumptive testaments are
specified in the Law. |
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p) |
For
the whole of §10, where being relevant, it is emphasized that all points
under §11 has to be fulfilled in order to claim legitimacy. |
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q) |
The
State is obliged to defend the rights in §10 according to the principles of
§1g. |
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§11: Contractual
Freedom
Contractual
freedom is “the right
to voluntarily renounce some nature-given liberty in the individual pursuit
of gaining more happiness in the life-long perspective than complete
nature-given liberty is expected to yield as long as one does not violate the
similar right of others or other nature-given rights or their logical
consequences”. |
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a) |
Each
element of §1a has the right to enter into voluntary, binding contracts with other
similar elements. |
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b) |
Contracts
where an individual of §1a accepts physical or psychical force as a part of
the contract may whenever be abolished by the potential victim without being accused
of contract breach. The use of force against the contract partner will be
punishable after the withdrawal of the acceptance of force. |
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c) |
A
contract that has been entered by the use of physical or psychical force is
not valid. |
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d) |
Elements
of §1b-c cannot enter binding contracts. |
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e) |
According
to §3a and §11c, a contract between elements of §1a is not valid if it is
written in such a way or entered into under such circumstances (e.g. not
being with all senses alert) that one party is deluded into entering the
contract against his rational voluntariness. Such conditions and
circumstances are specified by the Law or the practice of justice. |
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f) |
If a contract clause seemingly is very unfair,
unusual, dangerous, or liberty-limiting, correspondingly bold information and
emphasizing must have been present before the contract entrance in order to
be valid. The demands for information and emphasizing also
increase with the degree of asymmetry in the information between the contract
parties before the entrance. Absence of such information or emphasizing may make the whole contract
or parts of it null and void, and if this impose significant damage, loss or
hazard upon another contract party beyond his informed approval, it is
punishable as well. This paragraph is a consequence
of §11e. Such demands are further specified in the Law or practice of
justice. |
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g) |
An
element of §1a may break a contract without risking juridical reprisals if the
contract has such a character and has had such a duration since the last
entering that similar conditions as those described in §4c in practice have
arisen for this party. The terms are specified in the General Constitution or
the Law. |
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h) |
If two
parties interact voluntarily without any explicit contract, their interaction
is primarily governed by direct logical implications of other parts of the right to liberty than the contractual freedom. If such logical
implications do not exist, the parties are assumed to have interacted on the
basis of a presumptive contract defined by what the defendant realistically
should expect that the complainant accepted at the time point and
circumstances of the interaction. |
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i) |
An
“automatic standard contract” is a contract that is specified in a law and is
considered to be valid between two or more parties unless the parties
explicitly have agreed on something else. The State does not have the right
to impose automatic standard contracts since they are considered to undermine
the right to liberty. All
principles that are to have automatic validity without an explicit contract
have to arrive as a logical consequence of the right to liberty or through presumptive contracts (§11h). |
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j) |
No limitations
on the contractual freedom, as here
described, may occur for elements of §1a. |
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k) |
The
State is obliged to defend the rights in §11 according to the principles of
§1g. |
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§12: Right to organize
Right to organize
means “the right to join organizations
together with others and to manage the organization in such a way that one
does not violate the similar right of others or other nature-given rights or
their logical consequences.” |
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a) |
Each
element of §1a has the right to
organize with other similar elements in order to pursue maximization of
his self-happiness by making decisions and effectuate them according to the constitution
of the organization. An organization (companies and the State included) has
the same rights as adult humans of §1a, unless its constitution tells
otherwise, in the capacity of the owners', investors', members' or founders'
direct or indirect rights from §1a and §4. |
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b) |
The rights of an organization (companies
included) originate from its constitution, and its rights are deduced thereof
as a contract between everyone that deals with the organization. Decisions that
are made in conflict with the constitution – or contrary to decisions made in
accordance with the constitution – may be declared “null and void”. The
constitution has to comply with §11. In an “organization” without a
constitution all decisions have to be made according to the consensus
principle. |
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c) |
An
organization is only legitimate if each member may resign whenever he likes.
The resignation is not to be accompanied by other obligations than those put
down in the organization's constitution (contract) at that time when the
member entered the last time or what he specifically and explicitly has
signed later on. |
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d) |
A
person of legal age has to actively accept a membership if it is to be
legitimate. A person of legal age who has been enrolled in an organization as
a child has to get a message (with a reasonable deadline, which is stipulated
in the Law) from the organization shortly after the age of majority where
eventual obligations of continued membership are enlisted. The person may
choose to renounce his membership before this deadline without being
inflicted any obligations no matter what his parents have agreed with the
organization earlier on. |
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e) |
Living
together with another person also makes up an organization if they have a
contract on their marriage/cohabitance. |
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f) |
Organizations
that in practice acts like private armies or Police forces are prohibited
since the State has a legitimate and necessary monopoly on these areas. An organization
is not to be considered legal if its objective is to violate the rights of
elements of §1, to plan such violations, or solicit this in situations where the
solicitation may be expected to be realized. |
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g) |
If
elements of §1a organize, it does not give them the right to stay on the
property (companies included) of another element of §1a unless the owner
voluntarily has signed a contract on this, and if so, to the extent
prescribed by the contract. |
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h) |
An organization
has no obligation to enroll members beyond the
prescription of its constitution. |
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i) |
The
State is obliged to defend the rights in §12 according to the principles of
§1g, but if the organization does not possess a constitution, those individuals
representing the organization/company will be held juridically
responsible. |
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§13: Freedom of speech
Freedom of speech
means “the right to express one's opinion
as long as one does not violate the similar right of others or other
nature-given rights or their logical consequences.” |
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a) |
Each element of §1a has complete freedom of speech,
also when the issue is criticism of religion, ethnicity, race or sex/gender,
as long as not being in conflict with §13b,c. |
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b) |
Nobody
has the right to express their opinion by the use of physical or psychical
force or real threats thereof. Nobody has the right to solicit
right-violating actions in a situation where the solicitation may be expected to be effectuated. |
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c) |
Defamations
against elements of §1a,b,c or groups thereof are
initiation of psychical force and thereby right-violating. Publicly
expressing negative views about elements of §1a,b,c
or groups thereof where the content can be proven and also is located outside
the boundaries of privacy, is not right-violating. Contempt against
philosophies, ideologies or religions etc. is not defamation; only
individuals can be defamed. |
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d) |
Nobody
has the right to use the property of others as a tool or medium for
expressing his opinions without the consent of the owner. |
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e) |
The
State is obliged to defend the rights in §13 according to the principles of
§1g. |
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§14:
Judicial processing of right violations
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a) |
An element
of §1a violating the rights of similar elements or the rights of others in §1
does not possess the complete right to
liberty as stated in §4a or logical consequences thereof. The State is to
impose the element with the minimum loss of liberty that is necessary for
preventing reiteration of the right-violating action. A larger loss of
liberty than this minimum is a right violation against the violator from the
State. In order to be sentenced to loss of liberty, the guilt of the element
has to be proven beyond rational doubt. |
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b) |
The
State is obliged to impose the right-violating element of §14a so large loss
of liberty and in such a way that the probability of reiteration is minimalized. A less and different loss of liberty than
this is a State right violation against those who become victims for the
right violations arising as a consequence of the too low loss of liberty. A
right-violating action is free of punishment if the probability of
reiteration in practice is absent. |
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c) |
Following
a contract breach the contract breaker shall i)
compensate eventual positive values his contract party has been deprived of,
ii) compensate eventual negative values he has imposed on his contract party,
and iii) possibly be
imposed sanctions by the State to deter similar contract breaches in the future (if the deterrent
effects of points i and ii are insufficient) but
only if it is a premeditated or grossly negligent breach of contract for
profit purposes. |
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d) |
Death penalty is always
prohibited, with the following exceptions: i) a
criminal asks for changing long imprisonment into death penalty, ii) all
other options for liberty-restricting punishment involve unacceptable
third-party damages, iii) extreme situations where it is physically difficult
to keep a dangerous criminal imprisoned (e.g. a chaotic anarchy or war). |
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e) |
Mutilation and handicapping are
prohibited as punishment. |
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f) |
Torture
and all kinds of physical and psychical force with the objective of getting information
or confessions are prohibited. |
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g) |
The
State may summon a person to interrogation, if necessary with the use of
force, if it is reasonable to suspect him (predominantly probable) for a right-violating
action. The State may keep him in custody for a shorter period when the
objective is to prevent reiteration, loss of evidences or escape. The Law is
referred for further prescriptions. |
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h) |
The
State may issue search warrants or set an element of §1a-c under surveillance
if it is reasonable to suspect him (predominantly probable) for a
right-violating action or for planning such an action. |
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§15: The function of
the State
The
legitimacy of the State appears as a consequence of the fact that the
individual has a nature-given right to self-defense
of its nature-given rights and the fact the individuals have right to organize. |
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a) |
The
State is obliged to defend the rights of the elements of §1a through system
of justice, Police and military defense according
to §1g. This includes being arbitrator in connection with honest disagreement
over voluntary entered contracts described in §11, unless the parties
voluntarily have chosen another arbitrator. |
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b) |
The
State has a legitimate monopoly on system of justice, Police and military defense since these are prerequisites for the defense of the nature-given rights of the elements of §1.
However, the State may allow private companies license to carry out certain
security services. |
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c) |
Elements
of §1a has the right to self-defense and the right
to ask others for help, but the preparation of such defense
must not expose other individuals for disproportional anxiety or anything
that objectively may be perceived as threats of violence. What kind of tools
being legitimate for self-defense are prescribed by
the Law in accordance with §10k. |
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d) |
The
State is an organization with its nationals as members, and with the basis
that the right to organize is a
nature-given right, the State has the right to do whatever it wants as long
as it does not violate the nature-given rights of the elements of §1, i.e. as
long as the authorities comply with the Superior Constitution and its
subsequent laws. Each element of §1a has a nature-given right to try to use
the State in the pursuit of maximization of self-happiness during the life
span within the limitation of the Superior Constitution, General Constitution
and the Law. |
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e) |
The
State is not allowed to perform any kind of compulsory taxation, except for
what is mentioned in §10c. Nevertheless, the State may offer products,
services, insurances etc. for elements of §1a which they voluntarily may buy
from the State. The State may not sell obligatory monopoly services (§15)
within the system of justice, Police or military defense. |
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f) |
According to §15d, the State has unlimited right
to acquire, own and manage property according to §9 and §10 as long as the
property is not acquired by right-violating behavior as described in §3 after
the onset of the Superior Constitution. The same applies to right to use. |
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g) |
In situations where the State
needs to use epistemological principles in its functioning inside the
boundary of the Superior Constitution, only optimally rational and scientific
principles are to be used. Religious
principles may not be utilized. |
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h) |
Limitation on the State's right to property
or other liberties may be prescribed by the General Constitution or the Law,
but not in such a way that the obligations of the State, as described in the
Superior Constitution, are reduced. |
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§16: Military defense
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a) |
The
State may use military forces for the defense of
its own territory against foreign forces or internal violent elements
threatening the constitution. §3g also applies here, and implies that
military force never may be legitimately directed against the civilian
population, but the civilian population may be a victim of third party damage
as a consequence of the aggressor's actions. |
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b) |
The
State may participate in military operations abroad if the foreign State
being attacked is violating the nature-given rights of elements of §1 in a
severe way. The objective has to be to implement a new government that
defends these rights in a significantly better way. |
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c) |
The
State may participate in military operations abroad in order to help another
State that has been attacked by a foreign State and where the assisted State
defends the nature-given rights of its citizens in a significantly better way
than what the aggressor is expected to do. |
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d) |
The
military forces may also be used for helping another State against rebels who
fight for a more totalitarian regime than the existing one. |
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e) |
The
military forces may not be used for other military operations than those
described in §16. The military forces shall never be used if the right
violations thereof as collateral damage in the long-term perspective are
expected to be significantly larger than what is obtained without the use of
military force. |
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f) |
According
to §4c, the State may not impose any kind of compulsory military services
upon any element of §1a-c. |
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g) |
The
Supreme Court hires the top military leaders of all branches of the military.
The top military leaders are to swear loyalty to the Superior Constitution
and the Supreme Court and nothing else. The top military leaders are to obey
the government, but in an acute situation where the government refuses to
accept the judgment of the Supreme Court, they are to obey the Supreme Court. |
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§17:
Citizenship and access to the country
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a) |
A
State is an organization where membership is equal to citizenship. |
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b) |
The
General Constitution or the Law prescribes who is to be offered citizenship
of the State. A person of legal age may whenever he likes renounce his
citizenship as described in §12c,d. |
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c) |
No
person – national of the State or not – is to be prevented from leaving the
State's territory against his will. Exception from this is if he has
committed right-violating actions or if he is reasonably suspected for such
actions. |
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d) |
The State may not refuse any
foreigner of §1a access to the country since all humans have a nature-given
right to liberty (§4a) regardless of citizenship, race or ethnical origin unless his
entry into the country involves threshold-breaking risk of rights-violating
actions (alone or in sum with others) or that he has performed or is
suspected of rights-violating actions. Based on risk considerations,
collective immigration restriction may be imposed on citizens from countries
where the support for the idea of respect for the nature-given rights is low. |
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§18: The limitation of
the laws
The
State may decide whatever through the General Constitution or the Law as long
as the decisions are not in conflict with the Superior Constitution. The
State cannot under any circumstances make amendments in the General
Constitution or the Law (or otherwise) that express exceptions from the
paragraphs of the Superior Constitution unless the legitimacy to do so are
directly authorized by the Superior Constitution. No redefinitions of
concepts are allowed – neither in law texts or elsewhere – in order to avoid
the intentions of the Superior Constitution. Each paragraph in the General Constitution
or the Law must contain references to the paragraphs in the Superior
Constitution on which it is based. |
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§19: The validity of
the Superior Constitution
The Superior Constitution is deduced from the fact
that humans fundamentally are rational beings with the ability to perceive
happiness/unhappiness. |
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a) |
The paragraphs of the Superior Constitution
may never under any circumstances be legitimately changed – not even by
general referendum, resolution in the National Assembly (irrespective of the
magnitude of the majority), customary law or by coup d'état. This is because no majority or minority may abolish the fundamental
human nature and its logical consequences. |
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b) |
If
paragraphs of the Superior Constitution in practice are abolished or changed
in spite of §19a, this is to be considered as coup d'état. All direct or
indirect cooperation with the perpetrators is punishable. |
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c) |
If
the Government or the National Assembly refuses to accept a decision of the
Supreme Court, the Supreme Court may dissolve the National Assembly and/or
the Government, if necessary by the use of Police and military forces, but
not if the expected amount of third-party damages thereof is significantly
larger than the long-term right violations from the illegitimate politics. |
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d) |
There
is no time-limit for punishment of State violations against the Superior
Constitution. State violations against the Superior Constitution may be
subjected to criminal prosecution for all future irrespective of how long
time has passed since the Superior Constitution in practice was cancelled. |
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§20: Interpretation of the Superior
Constitution
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a) |
The
Superior Constitution shall be interpreted by the Supreme Court. |
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b) |
The
interpretation shall occur in a strict, stringent manner from its intention
and not from the spirit of the time of interpretation. Contrarily, the
Superior Constitution shall form the spirit of time forever. |
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c) |
The
Supreme Court is to consist of an odd number of members who are to be elected
by the judges of the High Courts, and only by these. The Supreme Court, and
nobody else, hires the judges of the High Courts. All decisions in the
Supreme Court are made by simple majority. The National Assembly, Government
or President does not possess any right to fire or hire the judges of the
Supreme Court or in other ways interfere with the work of the courts of
justice. Specified rules for the Supreme Court and other courts are given in
the General Constitution or the Law. |
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d) |
The
Government, National Assembly, President and all other elements inside the
jurisdiction of the State are obliged to obey all judgments of the Supreme
Court. Disobedience is punished according to §19b,
and the Supreme Court may in such cases issue arrest warrants. |
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e) |
Any element of §1a may take a law or other
decision made by the National Assembly or Government to the Supreme Court if
he claims it to be in disagreement with the Superior Constitution. |