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California State Constitution of Rights and Freedoms

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starwars1934 is not online. starwars1934
Joined: 24 Apr 2013
Total Posts: 60
30 Aug 2016 03:07 PM
Preamble

We, the people of California, shall enact the Constitution of Rights and Freedoms. The Constitution of Rights and freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Article I

FUNDAMENTAL FREEDOMS

California residents shall have the following freedoms

(1) Freedom of conscience and religion;

(2) Freedom of thought, belief, opinion and expression, and freedom of the press and other media of communication;

(3) Freedom of peaceful assembly; and

(4) Freedom of association.

Article II

DEMOCRATIC RIGHTS

Citizenship shall be defined as Middle Class Citizen or above;

(6) Residents of the State of California holding citizenship shall have the right to vote in elections pertaining to Council and Governor elections.

(7) there shall be sitting of government every 4 months with elections being held on the closing of the term.

(8) government shall be dissolved, whereas, elections are being held; the Council may call the government to order during elections under extreme circumstances.

Article III

LEGAL RIGHTS

(9) Everyone has the right to Life, Liberty and Security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

(10) Everyone has the right to be secure against unreasonable search or seizure.

(11) Everyone has the right not to be arbitrarily detained or imprisoned.

(12) Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of the General District Court

(13) Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause

(f) Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

(g) to receive medical treatment if necessary

(h) to vote in municipal elections

(i) to be free from racial segregation or cruel and unnecessary treatment as a result of ethnicity or religion

(14) A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

(15) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, gender, age or mental or physical disability.

Article IV

ENFORCEMENT

(16) Anyone whose rights or freedoms, as guaranteed by this Charter, which have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

(17) in the event the court concludes that evidence was obtained in a manner that infringed or denied any rights or freedoms guaranteed by this Constitution, the evidence shall be excluded if it is established that, having regard to all the circumstances, the admission of it in the proceedings would bring the administration of justice into disrepute.
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