Sierrastare Constitution

From SCJU Wiki

Article 1

There shall be no law abridging the people’s right to vote, observe religion , and right to speech that is unlimited. There shall be no discrimination against age , gender , handicap or mental disability , racial descent , religion , social group , or sexual orientation. There is a freedom of action , as long as the action is reasonable and within bounds of the law thereof.

Article 2

Title 1

The Ruling Monarch’s words shall be if Senate and the High Court allows. But if the law is such tyranny and atrocity against the people, Senate will be allowed to dethrone the monarch if there is enough evidence and if votes are given by the people to support the said reason of compelled abdication.

Title 2

Senate is allowed to be switched by the monarch in the current throne. There must be a reason that must be proven by the people and monarch alike for the senator in question to be compelled to leave their seat.

Title 3

If there is high displeasure in the people against a certain Senator the reasons shall be voiced through a forum. If said reasons are proven to be valid the senator in question will be compelled to leave their seat.

Article 3

Title 1

If there is high treason from anyone in the country they must be judged by the Senators. The monarch in charge is not allowed to judge the person in question as there is a reasonable bias by the monarch to have this person jailed.

Title 2

If high treason is acted directly towards the monarch in power there will be no trial and the accused will serve a life term or a term that the monarch enacts.

Article 4

Title 1

The age of majority is 17 years and 6 months

Title 2

The age of consent is 15.People who have sex with children under this age are in violation. Violation of this will call for the grounds for criminal prosecution at the request of the parents. All acts regardless of sexual orientation follow these above.

Title 3

Marriage will be allowed as young as 15 for cultural reasons. However it will be legalized upon the age of 17 years for the youngest individual.

Title 4

No religious test will held for monogamist marriage.

Amendment de Title 4

Polygamy is allowed on the grounds of religious test in Landis and Ostawombé provinces.In all other provinces polygamy is hereby illegal

Article 5

Divorces are granted at will of both parties and of the court.

Article 6

Universal Healthcare is necessary. There will be no discrimination in the system as everyone will receive top quality care in all hospitals.

Title 1

All citizens are provided healthcare in other countries by the Sierrastare healthcare system. Persons maintaining dual or singular citizenship by and from Sierrastare are fully entitled to these rights in any country.

Article 7

All children at the age of 3 are required to enter preschool and upon the age of 4 or 5 enter kindergarten. Children from 5 to 6 are required to be entered into the 1st grade and will continue their schooling until grade 14. Students will be assessed at the end of each year to track their progress. School is also a year round circuit. A new year will always begin in January for every school district.

Freedom of Expression Clause

Children are allowed to express themselves in all rights as long as the method of expression is not vulgar and damaging to one's character or mental state. Discrimination is not to be tolerated as a form of expression and is a violation of the constitution. Uniforms are not to be enacted by the Public school , however are allowed in Private or Parochial Schools as they are not directly funded by the government. Dress codes however are allowed to prevent the wearing of vulgar and inappropriate clothing. All forms of restriction of expression and discrimination that are reported will be investigated and the pricipal will be reviewed and brought to question.

Article 8

Former Article 8 has been reformed. Legalities listed below.

Amendment 1 de Article 8

The right to bear arms will be limited to persons who are in the military , royalty , and hold seats in government.

Amendment 2 de Article 8

Prostitution is hereby legal under the Prostitution Regulation Act of 2009.

Amendment 3 de Article 8

All drugs are now considered illegal in Sierrastare. Statute 10 is in effect. Majiuana due to it's native growth in Sierrastare is considered legal under the Marxyile Legislation of 1981.

Amendment 4 de Article 8

Contraception can be given to males and females at the age of 14 without the consent of a parent.

Amendment 5 de Article 8

Age allowed for the consumption of alcohol is now 18.

Other Major Laws

The Child Labour Act of 1889

This ACT hereby forbids the use of children under the age of 13 to work in all settings rather commerical and/or industrial. Within this ACT all children 13 and older must have permits to work in a work place that is either commercial and industrial and must be in proper conditions for adequate safety... Failure to comply with this ACT will result in business termination and emminent domain on the business.

Prostitution Regulation Act of 2009

The Prostitution Regulation Act hereby deems prostitution as legal in Landis and Avance province. Other provinces inside the jurisdiction of the New Kingdom of Sierrastare will adopt this by January 1st 2010 at varying dates. This Regulation ACT calls for.

a. The requirement for mandatory extensive medical testing for STDs and other ailments considered contagious or life threatening.

b. The requirement for brothels to be established. Street prostitution in public areas that are not specified as legal standing posts will be checked and violators of this requirement will be jailed accordingly.

c. Money made will be split according to the brothel's requirements.

d. Brothels will be checked by the health department every 3 months.

f. Brothels are expected to pay taxes

g. All registered members of the brothels are limited to getting 70% of the earnings or less.

h. All registered members of the brothels are to be 18 years and 1 day old in compliance to international laws.

i. The New Kingdom of Sierrastare does not seek to establish a moral standard and enforce it upon it's citizens , however brothels that openly encourage the use of condoms and other contraceptions will recieve a tax break upon review by the local health department.

j. Advertisements must NOT contain sexually illicit material. Brothels will be fined according to the size of the advertisment and the material depicted. They may range from 400 SDL to 20,000SDL

High Court Rulings

J'ielina v. Gov't of Sierrastare

In this case , Umemba Rowe J'ielina, a 22 year old in college was arrested based off of a suspicion of criminal activity while waiting for a bus on Kiera St. in the Marelle district of Joliendroit. The footage was captured on a CCTV monitoring system that was recently installed. Upon being arrested J'ielina was held in jail for 3 days without access to her lawyer and her parents [ as a college student she is a semi-dependant ] . Upon getting in contact with a lawyer and taking two lie detector tests. She was told that she would be going to trial in a matter of a couple months and that for the time being she was on bail and on pre-trial probation.

J'ielina managed to stay out of trouble while on her pre-trial probation and on September 9th 2009 the trial commenced. The results of the lie detector tests were the main evidence which showed that J'ielina was infact not conducting criminal activity and that her story on both accounts of the test were accurance and comprehensive. Then the defense attorney provided more evidence that showed that the particular CCTV camera in question was infact in a state of disfunction and that it was poorly manufactured. Due to this the prosecution rested and a sidebar was called. The case was dropped against J'ielina on October 1st after a jury decision was reached.

The judge in charge of the case stated that " CCTV is a systematic infringement on privacy in the fundamental aspect of organized society. " Not long afterwards , Jonathan Wellingshone , 3rd Justice of the High Court stated that in concurrence " ... It has benefited only the government and not the people. What governments have to remember is that CCTV, if used endemicly and in a widespread manner , can cause many abuses to the rights of people. The Senate and High Court are both looking into safegaurds for it's citizens in light of this abuse. We hope that other nations take into account what a famous American history figure has said . In paraphrase ' any nation who sacrifices individual freedom in the name of security , deserves neither. '