Constitution And Legislature

Wirral Constitution
The people of Wirral, resolved to govern the peninsula by liberty, democracy, independence and peace in a spirit of solidarity and openness towards the world, determined to live together with mutual consideration and respect conscious of their responsibility towards future generations, and in the knowledge that only those who use their freedom remain free, and that the strength of a people is measured by the well-being of its weakest members;

adopt the following Constitution

General Provisions


Article 1 The Wirral Peninsula
The autonomous Wirral peninsula comprises that area historically known as the Wirral Hundred.


Article 2 Purpose
(1) The Wirral protects the liberty and rights of the people and safeguards the independence and security of the peninsula.
(2) It promotes common security, inner cohesion, and cultural diversity of the peninsula.
(3) It ensures the highest possible degree of equal opportunities for all citizens.
(4) It strives to safeguard the long-term preservation of natural resources and to promote a just and peaceful international order.

Article 3 Communities
The towns, village and districts are sovereign insofar as their sovereignty is not limited by the Wirral Constitution; they exercise all rights not transferred to the Wirral.

Article 4 Language
The Language for official purposes is English.

Article 5 Rule of Law
(1) The law is the basis for and limitation of government activity.
(2) Government activity must be in the public interest and proportional.
(3) Government institutions and private entities must act in good faith.
(4) Wirral and its communities respect international law.

Article 5a Rule of Subsidiarity
For the assignment and fulfilment of Government functions, the principle of subsidiarity must be observed.

Article 6 Individual and Social Responsibility
Every person is responsible for himself or herself and advances, according to his or her abilities, the functions of Government and society.

Basic, Civil, and Social Rights

Chapter 1 Basic Rights


Article 7 Human Dignity
Human dignity is to be respected and protected.

Article 8 Equality
(1) All humans are equal before the law.
(2) Nobody may be discriminated against, namely for his or her origin, race, sex, age, language, social position, way of life, religious, philosophical, or political convictions, or because of a corporal or mental disability.
(3) Men and women have equal rights. The law provides for legal and factual equality, particularly in the family, during education, and at the workplace.
(4) The law provides for measures to eliminate disadvantages of disabled people.

Article 9 Protection Against Arbitrariness and Preservation of Good Faith
Every person has the right to be treated by government institutions without arbitrariness and in good faith.

Article 10  Right to Life and Personal Freedom
(1) Every person has the right to life. The death penalty is prohibited.
(2) Every person has the right to personal liberty, namely to corporal and mental integrity and freedom of movement.
(3) Torture and any other form of cruel, inhuman, or degrading treatment or punishment are prohibited.

Article 11 Protection of Children and Adolescents
(1) Children and adolescents have the right to special protection of their personal integrity and to promotion of their development.
(2) They exercise their rights according to their capacity to discern.

Article 12 Right to Aid in Distress
Whoever is in distress without the ability to take care of himself or herself has the right to help and assistance and to the means indispensable for a life led in human dignity.

Article 13 Protection of Privacy
(1) Every person has the right to respect for his or her private and family life, home, and secrecy of mail and telecommunication.
(2) Every person has the right to be protected against abuse of personal data.

Article 14 Right to Marriage and Family
The rights to marriage and family are guaranteed.

Article 15 Freedom of Faith and Conscience
(1) The freedom of faith and conscience is guaranteed.
(2) Every person has the right to freely choose his or her religion or non-denominational belief and to profess them alone or in community with others.
(3) Every person has the right to join or belong to a religious community and to receive religious education.
(4) No person may be forced to join a religious community, to conduct a religious act or participate in religious education.

Article 16 Freedom of Opinion and Information
(1) The freedom of opinion and information is guaranteed.
(2) Every person has the right to form, express, and disseminate his or her opinions freely.
(3) Every person has the right to receive information freely, to gather it from generally accessible sources, and to disseminate it.

Article 17 Freedom of the Media
(1) The freedom of the press, radio and television as well as all other forms of public broadcasting of productions and information is guaranteed.
(2) Censorship is prohibited.
(3) Editorial secrecy is guaranteed.

Article 18 Freedom of Assembly
(1) The freedom of assembly is guaranteed.
(2) Every person has the right to organize assemblies, to participate in or to abstain from them.

Article 19 Freedom of Association
(1) The freedom of association is guaranteed.
(2) Every person has the right to form associations, to join or to belong to them, and to participate in their activities.
(3) Nobody may be forced to join or to belong to an association.

Article 20 Freedom of Domicile
(1) Wirral citizens have the right to live anywhere in the peninsula.
(2) They have the right to leave or to return to Wirral.

Article 21 Protection Against Expulsion, Extradition, and Removal by Force
(1) Wirral citizens may not be expelled from the peninsula; they may be extradited to a foreign authority only by order of the supreme court.
(2) Refugees may not be removed by force or extradited other than by order of the supreme court.

Article 22 Guarantee to property
(1) Property is guaranteed.
(2) Expropriation and restrictions of ownership equivalent to expropriation are fully compensated.

Article 23 Economic Freedom
(1) Economic freedom is guaranteed.
(2) In particular, it entails the free choice of profession as well as free access to and free exercise of private economic activity.

Article 24 Freedom to Unionise
(1) Employees, employers, and their organizations have the right to unionise for the protection of their interests, to form unions and to join or refrain from joining them.
(2) Conflicts ought to be settled by negotiation and mediation as far as possible.
(3) Strike and lockout are permitted, provided they concern labour relations and do not violate any obligation to keep labour peace or to resort to conciliation.

Article 25 General Procedural Guarantees
(1) In judicial and administrative proceedings, every person has the right to equal and fair treatment as well as adjudication within reasonable time.
(2) The parties have the right to be heard.

Article 25a  Guarantee of Legal Proceedings
Every person has the right to have legal disputes decided by judicial authority.

Article 26 Judicial Proceedings
(1) Every person whose case is to be decided in judicial proceedings has the right to a court established by law, with jurisdiction, independence, and impartiality.
(2) Every person subjected to civil action has the right to have the case adjudicated by the court of his or her domicile.
(3) Court hearings and pronouncements of judgements are public. The law may provide for exceptions.

Article 27 Habeas Corpus
(1) A person may only be deprived of his or her liberty in the cases and following the forms provided by law.
(2) Every person deprived of his or her liberty has the right to be informed promptly, of the reasons for his or her arrest and of his or her rights. The person has to have the opportunity to assert his or her rights. In particular, he or she has the right to have his or her close relatives informed.
(3) Every person taken into pre-trial detention has the right to be brought before a judge without delay; the judge decides whether the person remains in detention or is released. Every person held in pre-trial detention is entitled to trial within a reasonable time.
(4) Every person deprived of his or her liberty without a trial is entitled to access to a court at any time. The court decides as soon as possible on the lawfulness of the detention.

Article 28 Criminal procedure
(1) Everyone is to be presumed innocent until sentenced according to law.
(2) Everyone charged with a criminal offence has the right to be informed promptly and comprehensively of the accusation against him or her. He or she must have the opportunity to assert his or her rights of defence.
(3) Every convicted person has the right to have the judgement reviewed by a higher court. Provided the case is not adjudicated by the Supreme Court as court of first and last instance.

Article 29 Right of Petition
(1) Every person has the right to address petitions to authorities; no disadvantages may arise from using this right.
(2) The authorities have to take cognizance of petitions.

Article 30 Political Rights
(1) The political rights are guaranteed.
(2) The guarantee of political rights protects the free formation of opinion by the citizens and the unaltered expression of their will in ballots.

Article 31 Realisation of Fundamental Rights
(1) Fundamental rights have to be effectuated throughout the entire legal system.
(2) Whoever exercises a government function is bound to the fundamental rights and obliged to contribute to their implementation.
(3) The authorities ensure that fundamental rights, as far as they are suitable, also become effective among private parties.

Article 32 Limitations of Fundamental Rights
(1) Limitations of fundamental rights require a basis in law. Serious limitations have to be expressly provided for in a statute. Cases of clear and present danger not to be avoided by other means are exempt.
(2) Limitations of fundamental rights have to be justified by public interest or by the protection of fundamental rights of others.
(3) Limitations have to satisfy the principle of proportionality.
(4) The essence of fundamental rights is inviolable.

Chapter 2  Citizenship and Political Rights

 
Article 33 Citizenships
(1) A Wirral citizen is a person who has the citizenship of a community of the peninsula.
(2) No person may be granted a privilege or be disadvantaged because of his or her citizenship rights. Exempt are provisions regarding political rights in home communities and corporations as well as rights to a share in their property as long as community law does not provide otherwise.

Article 34 Acquisition and Loss of Citizenship
(1) The Government regulates the acquisition and the loss of citizenship by descent, marriage and adoption. In addition, it regulates the loss of Wirral citizenship for other reasons, as well as the restoration of citizenship.
(2) The Government sets minimal standards for the naturalisation of foreigners by the communities, and grants naturalisation permits.
(3) The Government facilitates the naturalisation of stateless children.

Article 35 Exercise of Political Rights
(1) The Government regulates the exercise of political rights in peninsula matters; the communities regulate the exercise of these rights in community and municipal matters.
(2) Political rights are exercised at the domicile. The Government and the communities may provide for exceptions.
(3) No person may exercise political rights in more than one Community.
(4) The communities may provide that new residents exercise their political rights in community and municipal matters only after a waiting period of up to three months following their taking of residence.

Article 36 Wirral citizens domiciled abroad
(1) The Government supports relations among Wirral citizens domiciled abroad as well as their links with Wirral. The Government may support organisations pursuing this goal.
(2) The Government adopts rules on the rights and duties of Wirral citizens abroad, in particular regarding the exercise of political rights on the peninsula level.

Chapter 3 Social Goals


Article 37 [General Provisions]
(1) The Government and the communities, in addition to personal responsibility and private initiative, furthers the achievement that
a. every person shares in social security;
b. every person, for his or her health, receives the necessary care;
c. families as communities of adults and children are protected and supported;
d. workers can sustain their living through work under adequate conditions;
e. people looking for housing can find for themselves and for their family adequate housing at acceptable conditions;
f. children and youths as well as people of working age can further their education and training according to their abilities;
g. children and youths are encouraged in their development to become independent and socially responsible persons and are supported in their social, cultural, and political integration.
(2) The Government and the communities are working towards the goal that every person is insured against the economic consequences of old age, disability, illness, accidents, unemployment, maternity, orphanhood, and widowhood.
(3) They try to achieve the social goals within their constitutional competencies and with the resources available to them.
(4) From social goals no direct claims to government subsidies may be derived.

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