Rights & the Non-Derogable Floor
§1.10, §1.12–§1.13, §1.16–§1.18
Every person
Independent judicial remedy is self-executing. Courts appoint publicly funded counsel where adequate legal aid is not funded; costs cannot make relief illusory. Personal sovereignty, liberty and equality constrain every level of government.
§1.1 — full provision →Privacy and justice
Entry into a home, searches, surveillance and data collection require consent or prior independent judicial authorization on specific grounds. Fair-trial protections include examination and challenge of evidence and the methods producing it. Closure and sealing must be narrowly necessary, with published grounds and independent review; there is no fixed ten-year constitutional sealing allowance.
§1.7 — full provision →Emergency derogation
An executive declaration within its domain lasts at most fourteen days. Continuation requires a statute with a fixed expiration. Neither declaration nor authorization may be renewed or substantially repeated. Every declaration receives mandatory expedited independent judicial review. All measures lapse with their authorization; Monitors retain authority.
§1.16 — full provision →The six non-derogable rights
Torture; slavery; habeas corpus; public trial; retroactive punishment; non-refoulement. None may be derogated. No emergency measure may be applied discriminatorily on the listed protected grounds. The public-trial right allows only the narrow closure and sealing permitted by §1.12. Non-refoulement protects people regardless of status or conduct.
§1.16.a — full provision →