Saturday, December 5, 2009

My Constitution, Section 8

Section 8 - Freedom of movement

8(1) All individuals have the right not to be taken against their will from a property they have the owners’ authority to stay upon but by government Officers executing due process.
An attempt at defining kidnap, and putting a ban on it. It is banned because the only way that someone can be taken against their will is by means of physical force or some sort of misrepresentation. Law enforcement officers are allowed to execute the former, but only as part of and by the methods allowed under due process.

The owner of the property referred to may or may not be the person actually being kidnapped. The property referred to may also have full or partial public access, such as a road, supermarket, library or a restaurant, where owners’ permission is to be taken as stipulated if the person being taken fits the criteria for permission to be present. If, on the other hand, the person does not fit the owner’s criteria then removal from that property is not kidnap. Any such removal on the part of others in this eventuality will be covered by other rights (both substantive and procedural), such as the right of someone not be made subject to undue force, the right to seek the assistance of law enforcement officers, and the right to obtain writs from a court with sufficient jurisdiction. Law enforcement officers will still be bound by the need to follow due process and general codes of conduct.

8(2) All individuals have the right not to be confined against entering another property (or another part of the same property) that they have the owner’s authority to enter, except by reasonable means by other individuals who are awaiting for law-enforcement Officers to initiate due process or by law-enforcement Officers executing due process.
An attempt at defining unlawful imprisonment. It is banned because the only way to prevent exit from property is, again, by means of force or misrepresentation. The force will include the use of locks on doors or gates, walls, devices that inflict pain or injury, and so on, in addition to the standard use of force by physical restraints and the like plus the threat of force from people on guard. As always, the use of such force is only permitted as part of retaliation in defence of rights.


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