Article 4 Rule of Law Standards under Permanent Peace
Preface
"What is the law?" "The law exists because of the need for justice." If the law and justice only passively protect people who understand the law, why not let the law and justice actively protect everyone? Since the law represents justice, why not let the people invoke global law in order to compare justice in different places? Since the law is the smallest unit of morality and the state represents morality in total, why not let the people compare laws to compare the national standards of morality? Since the law is a means of maintaining and advancing civilization, why not let the law act to constrain nuclear weapons that threaten to destroy civilization? Who prohibits international law from directly protecting the people? Who buried our rule of law values and wisdom? Who kidnapped us for seventy or eighty years using evil laws and would not us go out into the world? The answer is not "others", it is our "own" the party government, a government supported by the hard-earned money of our taxpayers.
Therefore
The purpose of Article 4 of the Charter for Permanent Peace /Human Unity Constitution/ Strategic Constitutional Art of War is to help all people understand law and justice, to master the concepts of universal justice and morality, and to promote civilization and peace. The state should function like the Permanent Peace and Development Association. To give just one example, all human laws and regulations are included in the association's comparative database. All one needs to do is input as the query keywords, and all relevant global regulations will be displayed instantly, forming the prototype for One World under One Set of Laws and bringing together the necessary conditions for permanent peace.
The Constitution is organized on the super-national, national, sub-national and micro-national levels as defined by the UN Global Governance Committee. It uses natural law, absolute law, international law, and the laws of all nations to present a new innovation, a compass to guide the world in response to the demands of humanity for more than two thousand years: "The law must conform to nature, justice, freedom, democracy, and human rights." The document's structure meets the requirements for a long-term peace system. In itself, this "requirement" proves that it is indeed a global law that is worth guarding with our lives. "The Permanent Peace Constitution is the road to the truth of life in heaven and earth", and not merely a re-working of pervious long-time peace systems.
In terms of policy, we must get rid of old ways of thinking that allow traditional ruling parties to consolidate political power and control the people, that is, we must accept universal values, as well as international law and other countries' good laws, the arbitrary choices of the ruling party under its "+addition" system. The era of permanent peace in the global village should be called "All laws in one," meaning that all laws from around the world are integrated into one system, so that people will have the right to choose the laws best suited to their needs, while in order to ensure balance and stability, the state still has the right of refusal. This will lead to continuous integration and improvement of humanity under the system of "-subtraction." Over time, these various legal systems will eventually merge into a common world law.
In terms of behavior, we must emphasize rule of law versus rule of man. The great jurist who no longer believes in "the sound of the dictator's voice ", the big entrepreneur who is "the entrepreneur who revels in the arrogance of the dictator", or the politician or media scholar who cheers for "the totalitarian's smile" - they are all accomplices and beneficiaries of the structure. Don't give your soul to others to dominate your body. Believe in your own eyes, because of all the individuals, groups, or countries that you hear or see, no one will be greater than what you have in your own hands: regulatory wisdom.
Finally, the law has its own purpose and the values it should achieve. To this end, the people of [Taiwan] and the 2/3 of the world's people living under the threat of authoritarianism have nothing to lose but the chains and walls, violence and lies that oppress them, while other citizens will lost nothing, rather gaining liberty and prosperity in one fell swoop---the self-realization of every individual, families living and working in peace, a generational society enjoying long-term prosperity. We will lead humanity to global law, personal dreams and state dreams, a dream for the whole world. The next century will arrive early and all will reach a life of eternal blessing, free of nuclear weapons that would destroy civilization. Implement the ultimate system for mankind - permanent peace standards to guarantee that everyone will live with the truth and practice in in life.
Methods
Section 1. Permanent Peace Standards 4.1 (Building a nation under rule of law - the birth of "global law")
1. Build a nation under rule of law. Create One World under One Set of Laws, a system of peaceful legal systems under which countries can operate on a long term basis. It must conform to global (multiple/common) laws of nature, justice, equality, freedom, democracy and human rights, with direct impact on the rights and obligations of all people. (See the Preface for details)
2. Rule of law and faith. People are the mainstay of the law for the whole country [1] . The state shall implement human rights, constitutionalism, international legalism [2] , and world (common) legalism through the rule of law.
3. The value of the rule of law. No one shall be above the law, and no one shall be deprived of the protection of the law. All judicial power and legislative power derives from democratically elected power. The highest and local procuratorates, court presidents and procurators are elected by the people. (According to §7, §8)
4. The rule of law world. Through the joint relationship with the global village, everyone has become the main body of the world law, to implement the permanent global (multiple/common) law and develop the ultimate system for humanity.
5. The essence of the rule of law is the contradiction between the "republic" that regulates the rights of everyone and the "republic" of the separation of powers. In other words, the irreconcilable is reconciled through arbitration, a combination of contradictions and the integration of opposites.
6. The real purpose of the rule of law is to achieve righteousness. The state should observe the great rule of law in its global actions.
Section 2 . Permanent Peace Standards 4.2 (Leading to rule of law for all nations – a necessary condition for permanent peace)
1. Humanity is the main body of universal law and the ultimate subject of One World under One Set of Laws. Universal law does not need to go through the formalities of domestic legalization, it can be directly applied by the people of [Taiwan] and is directly applicable to domestic legislative, administrative, procuratorial and judicial areas, except where international law governs and state organs must exclude it.
2. The state should establish a comparative database of world regulations, update it and translate it into the languages of other countries for use at any time. This will allow for citizens to easily query applications or compare valid materials. The result will be a global system which human beings can utilize for a long time — a peaceful rule of law system. (§5.2.11).
3. The state shall regularly invite people from around the world to organize joint and continuous revision of the Charter for Permanent Peace/Human Constitution, and compensate them generously.
4. Promote the Charter for Permanent Peace/Human Constitutional Standards and implement localization of international law. The state shall carry out paradigm shifts, and in accordance with the spirit of the Hague Conference on Private International Law, establish an international organization for the purpose of gradually unifying the constitutional standards, with reference to the spirit of the International Court of Justice in The Hague, The judges shall come from nations around the world. (See §8.4.1)
5. The state shall adhere to the principles of legal innovation, originality and global legislation, to serve as a pioneer in permanent peace and rule of law and lead the nation into the coming centuries (§5).
Section 3 . Permanent Peace Standards 4.3 (The supremacy of international law - a necessary condition for permanent peace)
1. The ultimate goal of international law [3] and domestic law is to protect all values of each individual human being, and to restrict the duties of government to exercising good governance and serving humanity.
2. Implement the basic principles regarding the supremacy of international law. This Constitution recognizes international law, including natural law, international human rights law, humanitarian law, absolute law and international customary law of the same nature, and applies them in most countries, whether now or in the future, and whether or not the law provides for the existence of a treaty. International law (but not specific or multilateral international law between several countries which is equivalent to domestic law) directly constitutes a major part of domestic law that takes precedence over domestic law (including the Constitution) and directly affects the rights and obligations of the people. Universal freedom, democracy, human rights and the dignity of the people are all guaranteed by the government.3. All things should have legal standards. All legal norms are standards. International standards organizations (such as ISO) or the highest standards of other countries (such as the EU) shall be part of the basic standards of the country.
4. The state shall participate in the formulation or revision of international rules or international standards, and their implementation shall not be ignored or delayed.
5. State organs shall automatically perform their international obligations in accordance with the Constitution and laws, and no agency may invoke domestic law (including the Constitution and laws) as an excuse for non-compliance with international law or international standards [4] .
6. The state and all organs should fully implement a system of the rule of law on the earth and perpetuate the world's permanent peaceful development constitution (referred to as the World Law, the Common Law of Mankind or the Constitution of the Great Man).
7. Regardless of whether the state is a signatory or not, any public international law, convention, treaty or agreement with more than 35 signatories will automatically take effect; the new public international law, convention, treaty or agreement will take effect 30 days after approval by the 35th signatory [5] .
8. Develop a peace system under which all countries can operate for a long time. Each Standing Committee of the National Assembly shall have one member assigned to localization of international law to participate in legislation which will lay a foundation for permanent peace for mankind.
Section 4 . Permanent Peace Standards 4.4 (Universal law as the law of the country - a necessary condition for permanent peace)
1. Under the principle of benefiting everyone and harming no one, in order to ensure that freedom, democracy, human rights, the rule of law and sovereignty will not lag behind those of other countries, and to guarantee that they will not be violated by evil laws, all universal constitutions, laws [6] and international standards which reflect universal values shall form part of our country's constitution, laws, and national standards, and the people shall avail themselves of them as needed [7] .
2. The general legal principles widely recognized by fully democratic countries and fair and just rules they have enacted shall be adopted, and the people may directly choose those best suited to their needs [8] .
3. All nations must grant immunity in accordance with their own constitution or laws in their favor. However, foreign laws may not be invoked if they openly violate public or local customs [9] .
4. This Constitution refers to all legal aid rights in a fully democratic country, except for "contents which are unhelpful to anyone, an act that requires the permission of a perpetrator, content which is contrary to public order, or where there is a significant obvious ambiguity.” In addition, legislative, administrative, procuratorial and judicial organs are not allowed to arbitrarily reduce or deprive people of such rights.
5. Those who are not regulated by domestic or foreign laws or standards shall be judged on the basis of natural law, natural rights, global jurisprudence, human habits, and recognized jurisprudence. But no wrongful act can constitute a right [10] .
6. Demonstrate a peace system under which all nations can operate for a long time. Each Standing Committee of the National Assembly shall have a member on the Legal Internalization Committee who participates in drafting legislation to consolidate world peace.
7. State organs shall abide by the following systems, governing the country according to the Constitution, and administering according to law:
Level One: Global Law (including natural law) retains ~ human rights are god-given, not bestowed by human beings;
Level Two: Reserved for absolute law ~ general mandatory norms in international law;
Level Three: Reserved for international law ~ legislation of public international law, customs, treaties;
Level Four: Reserved for the people ~ constitutional rights, constitutional rights, creation rights;
Level Five: Reserved for the Constitution - State power and people's rights that must be regulated by the Constitution;
Level Six: Reserved for absolute law ~ contractual international treaties, crimes and punishments;
Level Seven: Reserved for relative laws ~ specific explicit legal authorization to be appointed by order;
Level Eight: Matters not covered by law ~ Orders made by administrative agencies.
8. No one shall be victimized or impaired by any international law, constitution, law, regulation or international standard.
Section 5 . Permanent Peace Standards 4.5 (Rule of law for nations [11] and for the world)
1. When state organs exercise public power, they should directly apply international law as first priority. When no international law is applicable, they should apply domestic law and take into account the laws of other countries to implement the people as subjects with complete international personalities (See [Appendix Table 1:] Table of Global Law Levels).
2. All state organs and their public officials are executors of a global rule of law system. If an executor violates international law or the constitution, he/she shall be sanctioned by law.
3. The principle of rule of law is to rule the government first, and then the people. The Constitution represents the general will of the people. All rule of law systems should follow the principles of constitutional globalization, the principles of constitutionalization, and the principles of unconstitutionality.
4. Where the legislative, administrative, procuratorial or judicial organs have the right to decide in accordance with the constitution that the parties have used the constitution or the law of other countries, their decisions must be accompanied by complete and just reasoning.
5. Any international law that specifically obstructs or puts someone immediately at risk in [Taiwan] should be informed to the international organization that originally enacted the bill, together with a request for confirmation from the country or for international arbitration.
6. All regulations must be published in the public media and electronic files must be maintained for inspection at any time; regulations that are not published or cannot be accessed immediately shall not be applicable to any of the parties involved.
7. If due to oversight on the part of the constitutional guarantor of a public service, the laws of a good country have not been promptly published in public think tank media for comparison purposes, everyone has the right to bear responsibility as constitutional guarantors.
Section 6 . Permanent Peace Standards 4.6 (Constitutional Examinations)
1. The Constitution is the embodiment of the national spirit and soul, and every subject must be regularly tested.
2. Anyone has the right to participate in constitutional examinations at all levels. The examination question bank shall be publicly displayed, and free download is available. Each county and city shall set aside at least one examination room, and there is also a test for the illiterate. In addition to protection using face recognition, the examination room shall incorporate public video proctoring, and the examination papers shall be kept for at least 10 years.
3. Those who take the examination and hope to serve in public office must pass the Constitution, the UN Charter, international law and various other full-time examinations.
4. Anyone elected to public office must pass the examinations for the respective constitutions, the UN Charter and International Law.
5. The President, the Prime Minister, legislators and councilors, the Commander-in-Chief of the Military, ambassadors, mayors and magistrates and other persons who duties are closely related to the constitution are required to pass the Constitutional Examination. Prosecutors, judicial officers, lawyers, high-ranking civil servants and other personnel whose duties are close to the constitution are required to pass the advanced constitutional examination.
6. Public officials shall be re-qualified through regular constitutional re-examinations, and elected public officials shall pass the constitutional re-examination every 10 years; every level of questions shall include questions dealing with loyalty to taxpayers.
7. Military personnel should be familiar with international humanitarian law and the rules of war.
8. A foreign national candidate shall pass the ordinary examination of the Constitution within two years after his election and shall be entitled to all benefits after the expiration of his/her term of office. Questions must be in their native language.
9. Revision of the constitutional examination question bank at all levels must be announced one year in advance. In addition to general civil servants and public opinion representatives, the terminology of the elected heads at all levels including all the legal language of the UN should be available for download from the internet.
10. Anyone who passes the constitutional examination at all levels shall be awarded "Global Law" middle, high school, bachelor's, master's and doctor's degrees [12] , and shall be awarded the "Peace Angel" medal to promote the Great Law standards. The hierarchical examination procedure shall be determined by law.
(Editor's note: This is global law - the dream of all people - the cradle of the world dream).
Section 7 . Permanent Peace Standards 4.7 (Rights and Relief [13] )
1. We [Taiwanese] people recognize that a law without penalty (legal effect) is not a law, and a constitution that does not brook resistance is not a constitution. For those who encounter a violation of public international law or the constitutional order of freedom and democracy, if there is no other remedy, everyone in the world has the right to resist, disobey, and refuse to cooperate. (According to §7.1.10)
2. Prosecution of the government for violations of the peace, crimes against humanity, massacres, or war crimes, are subject to no time limits and no jurisdictional restrictions.
3. No one is obliged to enforce an apparently criminal law or order. Any person who provides or enforces this apparently illegal law or order shall be legally responsible for any results.
4. In addition to judgments of the court, when any decree poses an irresistible threat to life, health and property, everyone has the right to disobey and to defend themselves in an emergency. However, in diplomatic struggles between a defending family and a defending country, the law should be allowed to provide a solution.
5. The people shall exercise the constitutional guarantee of peaceful marches and demonstrations. If the government insists on violently dispersing peaceful demonstrators, the people must give a warning to the government of "unconstitutional actions." If there is no other remedy, the people can exercise the right of non-cooperation and refuse to cooperate in a peaceful manner.
6. In [Taiwan], the laws of all countries shall be compared and used as needed, and "bad laws" are not considered "laws." Evil laws and bad governance are the biggest obstacles to permanent and peaceful development of mankind.
Section 8. Permanent Peace Standards 4.8 (Rule of Law and Responsibility)
1. National Responsibility: Rule of law represents the spirit of the founding of the country and the soul of the constitution. As long as there but one person on the earth still suffering under the oppression of a dictatorship, all [Taiwanese] people who are guardians of the rule of law have the natural duty to liberate him/her from despotic rule.
2. Public Responsibility: Any public official should uphold the boundless power of law and the infinite love of law and love. Saving a person who is ruled by others is an inherent part of the mission of saving the world on behalf of the nation, and is a part of the mission of building a community for human destiny.
3. State Responsibility: Regardless of nationality of the actor involved, the state shall grant honors and compensation to all who contribute to the rule of law and the community for human destiny. Regardless of the territory involved, all rewards and compensation shall be tax-free and fully tax deductible.
4. International Responsibility: The birth of One World under One Set of Laws with direct impact on the rights and duties of the people is a basic principle for nations to use in perpetuity. The state should budget to fulfill its international responsibilities, promoting the Charter for Permanent Peace chart in the international market and explaining the reasons for the development of world civilization in [Taiwan].
Section 9. Permanent Peace Standards 4.9 (Rule of law and education)
1. The Constitution serves to guarantee the rights of the people. It is a compulsory textbook for public officials and a civilized foundation for education for all, allowing the people to increase their wisdom, discover the truth, and honor their values.
2. Ensure that everyone lives with constitutional truths and practices life in all sincerity. From early childhood and all through lifelong learning, the state should define the basic course of the rule of law and give priority to it in its budgets.
3. Every public agency has an obligation to teach and explain the Constitution to the people.
4. Competent authorities shall draw lessons from the rule of law educational system and provide them to other advanced nations under the rule of law.
5. Anyone can go to the nearest community school for free to study constitutional courses. The educational institution should provide sufficient courses free of charge and promote the fundamental law (constitution) for a reasonable length of time.
Section 10. Permanent Peace Standards 4.10 (Rule of law and culture)
1. Government agencies, public places, school groups, courts, military units, etc. shall all display the constitutional emblem at the front center of auditoriums and assembly places.
2. Currency in circulation shall bear an emblem of the constitution or a pattern symbolizing global law.
3. The Constitution is only useful if it is constitutional. Official documents such as public documents, judgments, and notices shall bear a constitutional mark and indicate that the person concerned has the right to judicial remedy and the right to review the constitution [14] .
4. When any public official (including the president) takes office, he should hold the constitution on his/her left hand, hold the right hand up with the five fingers together and straight, and read the oath in front of the national map for the people of all nations. The formal oath of the Constitution shall be prescribed by law.
5. Judicial public officials such as judges, procurators, and civil servants shall be independently recruited, and the teachers shall be independent and represent a multi-rule culture. Rules for implementation shall be prescribed by law.
6. Regardless of whether the agency is administrative, legislative, procuratorial, or judicial, all who have the power to make decisions are lobbyists. Lobbying should be institutionalized, popularized, flattened, and simplified, making it the core of the rule of law culture.
7. Relevant state organs should have an outlook symbolizing “rule of law”. The names of state organs should reflect the principles of permanent peace and globalization, the constitutional standards of the state, and the rule of law culture in a mutual complement of hardware and software.
[1] See Hans Kelsen, “direct obligating and authorizing of individuals by international law”, in General Theory of Law and the State , trans. Anders Wedberg (Cambridge Massachusetts: Harvard University, 1945), pp.343-347.
[2] See Kelsen's General Theory of Law and the State , evolution of international law may lead to the establishment of a "global nation," thus it is naturally possible to have a "world capital." Thus original law advocates support for the Taiwanese people. At this stage, we should do our best to make a big difference and achieve this goal.
[3] General Assembly of UN, Draft Declaration on Rights and Duties of States (1949), §13: Every State has the duty to carry out in good faith its obligations arising from treaties and other sources of international law, and it may not invoke provisions in its constitution or its laws as an excuse for failure to perform this duty.
[4] See Vienna Convention on the Law of treaties , §27. Internal Law and Observance of Treaties: A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to §46. The Constitution of the Russian federation, §15. 4. Universally recognized principles and norms of international law as well as international agreements of the Russian Federation should be an integral part of its legal system. If an international agreement of the Russian Federation establishes rules, which differ from those stipulated by law, then the rules of the international agreement shall be applied.
[5] See Vienna Convention on the Law of treaties , §84. Entry into force:
A. The present Convention shall enter into force on the thirtieth day following the date of deposit of the thirty-fifth instrument of ratification or accession.
B. For each State ratifying or acceding to the Convention after the deposit of the thirty-fifth instrument of ratification or accession, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
[6] See Huang Chien-ming edited, "Global Criminal Code" [Appendix, Table 7]; "Global Civil Code" [Appendix, Table 8]; and "Global Administrative Code" [Appendix, Table 9] published by the Association for Peace and Peace Development.
[7] Central Regulation Standard Act (Taiwan), §18: Except the nature of the event requires to apply the regulation of the time which the conduct was made, the government agencies shall apply the new regulation to decide a case which the application was filed by one person, if the regulation as the basis of the approval have been amended before the decision has been made, provided that the pre-amended regulation stipulated better interest to the person and the new regulation do not abrogate or prohibit the application, the pre-amended regulation shall govern.
[8] Regardless of any dispute, there will be a court hearing. Spending this little cost can make people the greatest citizens of the world.
[9] See Shen Zongling , Jurisprudence (Revised 2nd edition), “ Theory of International Public Order ” Taipei: wunanbooks, 2007 , p. 436.
[10] It is a principle of international law that a wrongful act does not produce rights. It is considered that the violation of international law is legally invalid, and political forces cannot benefit by illegal means. This extension applies to all countries.
[11] The principles of the rule of law include "the principle of separation of powers", "the principle of legal reservation", "the principle of superiority of law", "the principle of legal clarity", "the principle of law and stability", the principle of equality, the principle of proportionality, and the principle of good faith. General principles such as "trust protection principle", "legal non-retroactivity principle", "inappropriate association prohibition principle", "protection of basic rights" and "protection of rights relief". Examples cannot be cited here one by one.
[12] The model comes from the World Peace Palace in the International Court of Justice in The Hague. Since 1950, students studying international law in various countries have come here every year to take the exam and pass the degree.
[13] The Taipei District Court ruling that all participants of the Sunflower Student Movement are acquitted on the grounds of "citizen disobedience", stated that their constituent elements include:
A. The object of protest is a major illegal or unjust act related to the government or public affairs;
B. Based on the purpose of public interest or public affairs;
C. The protest must have a known connection with the protester;
D. The actions are open and non-violent;
E. It is necessary to comply with the principle of appropriateness, that is, the means of protest must contribute to the achievement of the purpose of the appeal;
F. The principle of necessity must be met, that is, no other legal and effective alternatives can be used;
G. To comply with the principle of the narrow definition for proportionality, that is, the harm caused by the protest action must be less than the benefit of the purpose of the claim, and limited to the minimum possible limit.
[14] Constitutional rights have never been a gift from the national government, but from our own natural and human rights. Human rights, which are given by nature, are rooted in common sense, habits and traditions. If the Constitution does not conform to common sense and cultural traditions, it is doubtful; if you have not seen the Constitution, you can also judge what is unconstitutional according to common sense (Berke - French Revolution). Rousseau and Burke are the most popular representative figures of "The Theory of Human Rights and Human Rights".
