Chapter X
Rights and Duties
A right without a named remedy is a promise. The Bill of Standing names the remedy in the same breath as the right.
Bills of rights fail in a predictable way. They enumerate generously, qualify vaguely, and leave enforcement to institutions that are themselves the likeliest violators. The Bill of Standing is drafted against that failure: each right is stated with its scope and its remedy, all qualifications run through Article 4's necessity and proportionality test with the cumulative-burden rule, and three rights are non-derogable in every circumstance including declared emergency — life and bodily integrity, the prohibition on torture, and access to a court.
The Bill of Standing
Equal Standing
Identical constitutional status; no privileged forum, immunity, or disability by office, wealth, ancestry, belief, or association.
Remedy — Action of Equality before a Tribunal of Assurance; statistical divergence triggers systemic inquiry.
Life and Bodily Integrity
Protection against killing, torture, degrading treatment, and non-consensual medical intervention. No exception, no emergency derogation.
Remedy — Direct constitutional claim; criminal prosecution of officials; no immunity defence.
Liberty of the Person
Freedom from detention except on charge, before a judge, within a fixed short period, with reasons.
Remedy — Writ of Production, heard within 24 hours, by any judge, day or night.
Due Process
Notice, impartial tribunal, disclosure, counsel, presumption of innocence, no retroactive offence, no double jeopardy, appeal.
Remedy — Exclusion of evidence; discontinuance; damages.
Fair and Timely Trial
Trial within published time limits, by jury of the Common Assize in serious matters.
Remedy — Automatic review on breach; discontinuance where unremedied.
Freedom of Conscience and Religion
Absolute freedom of belief; broad freedom of practice; equal freedom to hold no belief; no religious test or establishment.
Remedy — Expedited Tribunal review of any limitation.
Freedom of Expression
Protection of speech including offensive, mistaken and dissenting speech; no state determination of truth as a condition of lawfulness.
Remedy — Public register of every content order, with citizen standing to appeal.
Freedom of Peaceful Assembly and Association
Right to gather, protest, organise, form parties, unions and associations, and to decline to join any.
Remedy — Notification only, never permission; judicial review of any dispersal order.
Privacy
Protection of person, home, communications, movement, biometrics and data; individualised warrant required.
Remedy — Void general warrants; subsequent notification; damages for unlawful access.
Property
Secure ownership; compulsory acquisition only by statute, for public purpose, with full compensation and pre-transfer challenge.
Remedy — Injunction before transfer; judicially assessed compensation.
Freedom of Movement and Return
Freedom to move, reside, leave, and return; citizenship may never be revoked.
Remedy — Immediate judicial relief; prohibition on statelessness as punishment.
Access to Justice
Practical ability to bring a meritorious claim regardless of wealth: public defence, cost protection, assistance to unrepresented parties.
Remedy — Cost-capping orders; published unmet-need reporting.
Protection from Arbitrary State Action
Every exercise of discretion reasoned, recorded, and reviewable; no power exercised beyond textual grant.
Remedy — Action of Excess, available to any citizen without proof of personal injury.
Informational Right
Access to public records; access to one's own data held by the state; the right to know the basis of any decision affecting one's rights.
Remedy — Presumption of disclosure; refusal appealable at no cost.
Right Against Automated Determination
No consequential decision about a person made solely by an automated system; a named human is answerable for every such decision.
Remedy — Right to human review, to reasons, and to challenge; system suspension by the Cognition Authority.
Threshold Capacity
Subsistence, shelter, healthcare, education, and legal representation sufficient to exercise Standing in practice.
Remedy — Statutory entitlement, judicially enforceable against unlawful refusal, non-discretionary in its core.
Why Threshold Capacity Is a Right
The inclusion of R16 requires defence, since it is the only right that costs money by design. The justification is not compassion but function. Every other right on the list presupposes a person capable of exercising it: a right to counsel presupposes someone who can reach a court; a right to refuse an unlawful order presupposes someone who can survive dismissal; a right to vote freely presupposes someone not dependent on a patron. Destitution is a capture surface. R16 is therefore drafted narrowly — it guarantees capacity, not outcome, and its core is unconditional precisely so that no official acquires discretionary power over another person's survival.
Figure 10.1 — The test any restriction must survive
PROPOSED RESTRICTION OF A PROTECTED RIGHT
|
v
1. Is it prescribed by published law? no -> VOID
|yes
v
2. Does the law state a legitimate aim? no -> VOID
|yes
v
3. Is it necessary (not merely useful)? no -> VOID
|yes
v
4. Is it the least restrictive effective means? no -> VOID
|yes
v
5. Does it carry an expiry and review duty? no -> VOID
|yes
v
6. CUMULATIVE TEST: with all existing
restrictions on this freedom, does the
right retain practical substance? no -> VOID
|yes
v
VALID until expiry. Renewal requires fresh
evidence, with the burden on the state.
The Duties of the Citizen
Duties are enumerated exhaustively. No general duty of loyalty, patriotism, gratitude, or ideological agreement exists, and none may be created by statute — a deliberate closure, because open-ended civic duty is the historical instrument for prosecuting dissent. All duties are enforced through ordinary courts with ordinary protections, never by administrative penalty.
Obedience to Lawful Authority
To comply with valid law and lawful orders of courts — and, under Article 24, to refuse orders that are manifestly unconstitutional.
Honest Taxation
To declare income and pay lawfully assessed taxes. Evasion is treated as a wrong against fellow citizens, not merely against the treasury.
Service on the Common Assize
To serve on juries and citizen review panels when selected by lot, with compensation, and with excusal only on genuine hardship.
Truthful Testimony
To give truthful evidence when lawfully required, subject to the privilege against self-incrimination.
Civic Participation
To vote, or to record a formal abstention, in constitutional referenda; participation is a duty of attendance, never of agreement.
Stewardship
To refrain from degrading the common inheritance — environment, infrastructure, public records, institutions — beyond lawful use.
Respect for Equal Standing
To refrain from coercing, intimidating, defrauding, or excluding others from public life on any ground. Enforced against conduct only, never against opinion.
The Reciprocity of the Bill
Rights and duties in Dominicism are not a bargain in which rights are earned by performance of duty. Rights attach to Standing itself and are not forfeited by failing a duty; a citizen who evades tax is prosecuted, not deprived of a fair trial. The relationship is structural rather than contractual: the duties are the minimum behaviours required for the institutions that deliver the rights to function at all. Juries require jurors. Courts require truthful testimony. Public defence requires honest taxation. The Bill and the duties describe the same machine from two sides.