-Caveat Lector-
>From http://www.freeradical.co.nz/content/38/38editorial.html
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Read the full Constitution here.
http://www.freeradical.co.nz/content/constitution/index.html
Proposed by members of the Auckland Libertarianz executive.
Preamble by Lindsay Perigo
Part A: The Bill of Rights
Part B: The Bill of Due Process
Notes on the above Bills
Part C: Separation of Powers
When in the course of human affairs it becomes necessary for citizens to break
the political chains that have hitherto bound them, and to reclaim the
individual sovereignty which is their birthright, it can be opportune for them
to declare the causes which have impelled them to self-liberation. We, the
freedom-loving citizens of New Zealand, choose to do so at this epoch-making
moment.
We hold these truths to be demonstrable in reality: that because the mind is
our species' means of survival and full flourishing, human beings are
individually possessed of certain inalienable rights, which are the rights to
life, liberty, and the pursuit of private property and happiness; that to
secure these rights, governments are instituted among people, deriving their
just powers - and only such powers - from the consent of the governed; that all
laws legislated by governments must be for the purpose of securing these
rights; that no laws legislated by government may violate these rights; that
all citizens are equal before such laws; and that whenever any government
becomes destructive of these rights, it is in rebellion against its citizens,
who may then remove it and institute new government.
Now is such a time.
The history of government in the Dominion of New Zealand is that of a long
chain of abuses and usurpations of the individual rights of the citizenry,
culminating in an unprecedented level of such abuses by present government,
national and local, which have reduced the status of our people to one of
slavery. Ownership of each citizen's life has been wrested from the citizen
where it belongs and vested in government where it does not.
Government in New Zealand has made of itself a blood-sucking Leviathan, a
drooling, hydra-headed monster of regulation and prohibition, of force and
terror. It has drained the life out of commerce and trade. It has practised
confiscation of the rightful earnings of our citizens on a scale hitherto
unrivalled, and with the proceeds of that confiscation erected a multitude of
new bureaucracies and sent hither swarms of officers to harass the people and
eat out their substance. It has bestowed upon its revenue gatherers tyrannical
powers of search and seizure, of confiscation of private savings and
possessions, of coercive extraction of information; in the exercise of these
powers, its gatherers have ruined livelihoods and destroyed lives. It has grown
bloated from the use of confiscated moneys, devising ever-more-unconscionable
forms of the squandering thereof. It has secured its power to plunder and
terrorise by bribing the parasitic with the earnings of the productive. It has
cultivated inequality before the law on the basis of race and gender. It has
forbidden the citizens to exercise the prerogatives of ownership over their
lawfully-acquired lands, and punished them for the productive use thereof; it
has vested actual ownership of such lands in itself and its agents. It has
claimed ownership of the minds of the citizens, proscribing the expression of
thoughts of which it does not approve; it has claimed ownership of the bodies
of the citizens, proscribing the ingestion of substances of which it does not
approve; it has deprived citizens of their liberty and their property for the
expression of such thoughts and ingestion of such substances. It has made
consensual, victimless activities criminal; it has made coercive activities
legally permissible and been the chief practitioner thereof. It has seized
children from their parents and forced the citizens to sponsor the dulling of
young minds in its classrooms; it has forbidden parents to educate their
children other than by its own warped, politicised dicta. It has forcibly
monopolised the medicines of the citizens and persecuted the providers of
alternatives. It has dishonoured its contracts and required citizens to
identify themselves on demand, assuming unto itself powers of arbitrary
detention and arrest. It has disarmed the citizens so as to protect itself from
rightful rebellion, and forbidden them to defend their own lives and
properties, while most egregiously failing to do so itself. Government in New
Zealand, in short, has committed itself and its agencies not to upholding the
individual rights of the citizens who maintain it, but to trampling most
brutally and routinely upon them. Government in New Zealand is thereby in
rebellion against its citizens, and has thus rendered itself illegitimate.
We, therefore, the liberty-loving citizens of New Zealand, in the name of that
which is the glory of man - his sovereign, rational mind - do solemnly declare
that our country is henceforth free; that we are absolved from all further
allegiance to the Dominion of New Zealand and its government, both of which are
hereby dissolved; that we do by this and the associated documents presented
here establish instead the Republic of New Freeland; that these documents
supersede all previous constitutional and quasi-constitutional documents,
including the Treaty of Waitangi; that the laws of this country shall be based
on a single moral premise, which is the expression of the afore-mentioned
rights: no person or group of persons may initiate the use of physical force,
or its derivative, fraud, against any other person or group of persons, and the
only justification for the use of force is self-defence against those who
initiate it; that the government of this country shall have no other function
than to formulate, enact and uphold such laws; and further, that to so secure
and glorify the supreme values of reason and freedom in human affairs, we
pledge our most diligent, reverent commitment, and our sacred honour.
The full Constitution for New Freeland is available both online and in the
print edition of Issue 38 (October / November 1999), on newsstands now!
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>>>Bill of Rights<<<
The Bill of Rights
Article I - Free Speech and Privacy
The government shall make no law abridging the freedom of speech, of the press,
of electronic or optical communication or of any other form of communication or
expression; or restricting the right of an individual to petition the
government for a redress of grievances; or respecting an establishment of
religion or prohibiting the free or non-exercise thereof; or requiring an
individual to possess the means of identifying himself, unless he may be
employed on the public payroll, or may be casting his vote, whereupon
identification shall be required in the polling booth only.
Article II - Right to Self-Defence Against the Initiation of Force or Fraud
The right of an individual to preserve, protect and defend his life, liberty
and property, or that of any other party subject to the initiation of public or
private force or fraud, and to organise himself into private militia for these
purposes, shall not be infringed.
Article III - Right to Repudiate a Government in Rebellion
The right of an individual to organise the overthrow of a government initiating
force against its citizens shall not be infringed; and a member of the Armed
Forces, private militia, intelligence, or police may disobey any order which
conflicts with the rights and liberties eternally enshrined in the Bill of
Rights and Bill of Due Process.
Article IV - Property Rights
The right of an individual to be secure in his person, home, papers, effects,
reputation, intellectual property and other properties, against unreasonable
searches and seizures or arbitrary arrest and detention, shall not be
infringed, and no warrants shall issue but upon probable cause, supported by
oath or affirmation, and particularly describing the place to be searched, and
the person or things to be seized; and no member of the Armed Forces, militia,
intelligence or police shall be quartered in any house or property without the
consent of the owner; and no individual shall be deprived of rights, liberties
or properties without due process of law; nor shall private property ever be
taken compulsorily for public use.
Article V - Right of Self-Ownership
The government shall make no law restricting the right of an individual to take
his own life or to have his own life taken, if sufficient evidence of his
informed consent has been provided in advance or at that time; and it shall
make no law requiring an individual to be medically treated or undergo medical
experiments, unless he presents an objective threat to the rights and liberties
of other individuals, whereupon he may be confined at home, or if he still
presents a threat, confined elsewhere or treated, but not experimented on, in
an hospitable place; and government shall make no law restricting the right of
an individual to ingest substances or to participate in practices which may or
may not cause ill health or injury, provided such actions contravene none of
the rights and liberties of other individuals eternally enshrined in the Bill
of Rights and Bill of Due Process.
Article VI - Free Association
All interaction between adult individuals shall be voluntary and any voluntary
association of individuals shall be deemed to have the rights of the
individuals comprising it.
Therefore the government shall make no law restricting the right of an
individual peaceably to assemble or to join together in marriage or friendly
association; or requiring an individual to join, contribute to, be registered
or be enrolled with any association; or establishing a monopoly and otherwise
restricting the number or nature of businesses; or requiring an individual to
join any branch of the Armed Forces, private militia, intelligence or police.
And while the government itself shall discriminate only on the basis of merit,
it shall make no law restricting the right of an individual to discriminate on
any basis whatsoever.
Article VII - No Compulsory Taxation
The government shall extract no compulsory tax or involuntary contribution of
any kind from any citizen for any purpose whatsoever.
Article VIII - Free Trade, Investment and Migration
The government shall make no law regulating commerce, investment or migration;
but the government may regulate the immigration of any individual who has aided
or given comfort to the enemy in any war or revolution respecting the
establishment of the Constitution.
Article IX - Sound Money
The government shall make no law in respect of the establishment of a central
bank, monetary authority or currency of exchange, or to otherwise require the
coining, printing or use of money; and any action by the government to purchase
debt or equity of companies or trusts, or to purchase or speculate in land,
buildings and other properties located in the Republic is expressly prohibited.
Article X - Rights Held in Trust
Nothing in this Bill shall be construed as permitting activities which can be
shown beyond reasonable doubt to destroy the potential of a child to become an
adult with full rights and liberties eternally enshrined in the Bill of Rights
and Bill of Due Process. Subject only to this constraint, parents and legal
guardians shall have full freedom to raise their children as they see fit;
equally, they shall be deemed responsible for the actions of their children.
The age of independence shall be deemed by law, but the courts may deem an
earlier age on application of the child, if the child can demonstrate its
independence.
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A<>E<>R
~~~~~~~~~~~~~~~
Integrity has no need of rules. -Albert Camus (1913-1960)
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The only real voyage of discovery consists not in seeking
new landscapes but in having new eyes. -Marcel Proust
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"Believe nothing, no matter where you read it, or who said
it, no matter if I have said it, unless it agrees with your
own reason and your common sense." --Buddha
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It is preoccupation with possessions, more than anything else, that
prevents us from living freely and nobly. -Bertrand Russell
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"Everyone has the right...to seek, receive and impart
information and ideas through any media and regardless
of frontiers." Universal Declaration of Human Rights
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