We have had a long term interest in constitutions, rights and the legitimacy of government. Now we get a chance to see some people in a country attempting to create a constitution from scratch.
A few people living in a place that is today called ‘Iceland’ have decided, unilaterally, that they want and have the right to lay down the basic law of the place where they happen by chance to live, and that will be binding upon everyone, wether they like it or not. Central to this scheme is the fact that no one will be able to opt out of this new ‘Constitution’, which will be imposed upon all people living there by violent force.
No doubt, people who are for this bogus process will claim that since the new constitution is to be put to a vote, that it is “fair”. Democracy is not fair. It is not just. It is mob rule and nothing more. It is not a justifying balm for immoral acts like stealing (taxation) or war-making. One thing is for sure, this constitution guarantees that the men living on what is called Iceland would be turned into slaves by this constitution. They would be robbed of their property, children and rights, and that is never a good thing.
Here we go…
We, the people of Iceland, wish to create a just society with equal opportunities for everyone. Our different origins enrich the whole, and together we are responsible for the heritage of the generations, the land and history, nature, language and culture.
Most of this is a statement of fact. Nothing wrong with that. There is a problem from the off however, with the idea of collective responsibility. People are only responsible for what they agree to be responsible for, and they cannot be made responsible for something by force. If this were not the case, anyone could be held responsible for the crimes of other men. If they had left out the word ‘together’ this problem would not have arisen.
Men are responsible for the works they create, the land they own, the nature they use, and the culture they leave behind as the excrescence of their intellect. Curators of history and art preserve these artefacts for posterity. There is no need to invoke collectivism to make sure that this happens, and in fact, most of the history we have has been preserved and transmitted to us without it, by the charitable acts of good men.
Iceland is a free and sovereign state, resting on the cornerstones of freedom, equality, democracy and human rights.
This is the real start of the problems. Someone, some man, is declaring that there is a place called “Iceland” and that in this fictitious place, the borders of which they have arbitrarily drawn, a “free and sovereign state” exists. They do not define what free means in this context; is the sovereign state free, or are the people who live there free? If the sovereign state is free, does it have an opinion on anything? Is it a living being that can be asked wether or not it is sovereign? Heaven knows there are some environmentalists out there who would seriously consider asking the ground if it consents for humans to live upon it.
Iceland is an island, that rests on a tectonic plate. It does not rest on freedom, equality, democracy and human rights. If you are going to claim that it does this, then you need to be plain about what these words actually mean. Rather than resort to bad preamble poetry, it is far better to speak plainly and carefully about these very important matters.
The precise nature of freedom is something people disagree about. There are some that use this word incorrectly, and use this mis-definition to create false rights, like a “right to the internet”. What if you are unfortunate enough to be born in Iceland and you want to have freedom from taxation? No doubt the people who are drafting this constitution would declare that this is not a valid freedom or right, but all the other things that they are declaring are, are.
The same goes for equality. Equality for them means that an employer must be forced by violence to pay all of his workers the same money no matter what his ideas are or contracts freely entered into specify, or what it means to his profitability and efficiency, or the capacity of the person offering her skills. In fact, this line does not even state what things it deems should be equal; do they mean that 1 should equal 1 in Iceland? Surely this cannot be the case, because their money is printed on and made out of paper and is backed by nothing, so they cannot be so rigorous in their maths.
The government shall work for the welfare of the inhabitants of the country, strengthen their culture and respect the diversity of human life, the land and the biosphere.
The inhabitants of a country should work for their own welfare, and keep the fruits of their own labor. If they are good people, they will reflexively support charities and the weak. They should not need a constitution enshrining a violent, immoral and thieving government that is going to carry out their civic and religious duties for them.
The same thing goes for culture. The Icelandic culture, its language, music arts and people came into being without central planning or ‘support’. It also did not need a State to support the diversity of human life, which is diverse without the help of bungling bureaucrats.
I’m not even going to start on this idea of the ‘biosphere’ which extends beyond the imaginary boundary lines of Iceland into the rest of the world. Is Iceland gong to go to war to stop people on the other side of the world from farting to protect the ‘biosphere’? This sort of lose language is very troubling, and displays a complete lack of understanding of the nature of man, of nature and of the State and the proper role of government.
We wish to promote peace, security, well-being and happiness among ourselves and future generations. We resolve to work with other nations in the interests of peace and respect for the Earth and all Mankind.
In this light we are adopting a new Constitution, the supreme law of the land, to be observed by all.
It is a good thing to wish to promote peace, security, well-being and happiness. The question is how you do it, and can you do it without becoming a violent criminal?
If Iceland doesn’t have an army, it cant participate in wars. This is important, because when these people say they want to promote peace, it really means sending armies to other countries to commit murder. You want to promote peace? Peace where exactly? Iceland is a peaceful place already by all accounts, so what this is doing here without specifics is very odd and ominous. The answer comes a few lines later, where the authors of this document declare that they want to work with other nations interests of all mankind. This actually means more war, more inflation, arbitrary and violent Statist restrictions and insanity. More, “one size fits all”, “our way of life is right and yours isn’t” totalitarianism. Absolutely disgusting.
The same goes for security; security of what and of whom? Wellbeing is a matter for doctors and their patients, and it has no place in a constitution. People are free to seek whatever care they like, on terms and with treatments that are suitable for them and this is no one’s business but yours. It certainly is not something that should be guaranteed in a constitution; healthcare is a good, not a right.
Now for happiness. Sado Masochists are happy when the flesh on their backs is being flayed off by a cat o nine tails. Should the constitution ensure this happiness? What on earth are these people talking about?
Chapter I. Foundations
Article 1 Form of government
Iceland is a Republic governed by parliamentary democracy.
Is it now? And why is it? Whose decision was it? Why not some other form of government, or no government at all? Why a parliamentary democracy and not a democratic republic like the United States of America? Why not a country ruled by the Sharia? Who picked this form above all others? What are their names, and just who do they think they are that they can violently impose this on anyone?
Article 2 Branches of government
The Althing holds legislative powers under a mandate from the nation.
How can the “Icelandic people” remove this mandate? Is there a mechanism? If not, why not? Why this and not some other new body? You are redesigning the way the country is governed, why not throw everything out and start from year zero?
The President of the Republic, Cabinet Ministers and the State government and other government authorities hold executive powers.
What are ‘executive powers’? For those of you who do not know, executive powers are powers what put the executive above the ethics and morality that bind you as a non executive. Executives can order murder and theft without any consequence to themselves, whereas you cannot. They are a class above the law, immune from prosecution and able to wreak bloody havoc without fear of reprisal of any kind. There is no basis for creating a super class that is outside of morality and ethics. They are not super humans; all they need to do is collect enough votes. There is no clean logic behind this; its absurd and offensive that a law exempt group like this can be unleashed to steal, command and murder with impunity.
The Supreme Court of Iceland and other courts of law hold judicial powers.
Just like that, by dint of thirteen words, the power to sit in judgement over men is granted to an unelected body, with an absolute monopoly on dispensing justice. In a free country, men would be able to select whatever court suits them in their philosophies, contracts and dealings. There is absolutely no reason whatsoever why the State should have a monopoly on justice, or anything else for that matter. Icelanders are building themselvs a geothermal prison island, pure and simple.
Article 3 Territory
The Icelandic territorial land forms a single and indivisible whole. The boundaries of the Icelandic territorial sea, airspace and economic jurisdiction shall be decided by law.
What this part is saying is that the drafters of this constitution are claiming the island of Iceland for themselves, and they are daring anyone to come and take it from them. They have no authority to claim this land over anyone else, they have no prior claim over the whole territory, and their claim is just as valid as anyone else who decides to whip up their own constitution in a drunken stupor and who can rally enough people to defend their property. This is gorilla chest beating, and nothing more.
Article 4 Citizenship
Persons with a parent of Icelandic nationality shall have the right to Icelandic citizenship. In other respects, citizenship shall be granted in accordance with law.
No one may be deprived of Icelandic citizenship.
There is no “right of Icelandic citizenship”; what they are actually referring to here is the privilege of Icelandic citizenship. Or more accurately, this is a clause consigning all Icelanders and their offspring to perpetual slavery by birth. Note how there is no language here to say what steps can be taken to renounce or escape from Icelandic citizenship.
An Icelandic citizen cannot be barred from entering Iceland nor deported from Iceland. The rights of aliens to enter and reside in Iceland, and the reasons for which they may be deported, shall be laid down by law.
I believe that someone behind this part is a fan of The Pirate Bay. Does this mean that the government of Iceland will never sign extradition treaties with the other nations of the world? They are so keen to promote and, “work with other nations in the interests of peace”, how are they going to refuse to extradite ‘terrorists’ when Uncle Sam comes asking? Their country was already called a terrorist state over the Landsbanki affair; perhaps this is why this clause is in here.
Do you see what I did there? I called it, “Their country”. The Statist disease is very infectious!
Article 5 Duties of citizens
The government is required to ensure that everyone has the opportunity to enjoy the rights and freedoms provided for in this Constitution.
Everyone shall observe this Constitution in all respects, as well as legislation, obligations and rights that derive from the Constitution.
This is nothing more than a declaration of war against the free people living in Iceland. What if you are living there and you do not want to enjoy the “rights and freedoms” this scandalous document pretends to confer on you? What if you are philosophically opposed to this constitution, or even a small part of it? You are being told here, if you are “Icelandic”, that you shall observe the Constitution in ALL RESPECTS. Its outrageous, presumptuous, disgusting and extremely violent.
But it gets worse.
Chapter II. Human rights and nature
Article 6 Equality
We are all equal before the law and shall enjoy human rights without discrimination with regard to gender, age, genotype, residence, financial position, disability, sexual orientation, race, opinions, political affiliation, religion, language, origin, family or position in other respects.
Men and women shall enjoy equal rights in all respects.
You cannot have a section like this without defining what ‘human rights’ are. Part of the reason there is such an absurd and long laundry list of what the authors of this scabrous document assume are different types of people is that they do not understand what rights are, where they come from or what a human being is. Anyone who understands what rights are does not have to make a comprehensive list of the different things people can classify, believe and do with themselves. Human beings have rights that encompass all of these things automatically, but in order to understand this, you must know what rights are; the people who wrote this garbage, do not.
Article 7 The right to life
Everyone is born with the right to life.
Article 8 Human dignity
Everyone shall be guaranteed the right to live with dignity. The diversity of human life shall be respected in every regard.
There is no “right to life”. Everyone that is alive has a property right in themselves; this is the true right that these people are trying to and are failing to enumerate. The bogus “right to life” is what men use to stop women from having control over their bodies. Once again, Statists are making up rights that they use as a pretext for their violent State.
Similarly, there is no “right to live with dignity”. What you might think is dignified is anathema to Muslims. Will this Icelandic constitution enshrine arranged marriages, female circumcision, Halal butchers, all of which are considered necessary for Muslims to live lives of dignity? What about the right to commit suicide, home educate your children, live up a tree with birds or down in a hole with snakes? When they talk about the diversity of human life, do they really mean it, or do they mean just the diversity that they find acceptable in the Icelandic culture of their forefathers? What If someone doesn’t like their courts, and wants to set up a Sharia court? Will this be “respected in every regard”? I think not somehow. This is nonsense on stilts, and an invitation to conflict.
Article 9 Protection of rights
The government is at all times required to protect the citizens against violations of human rights, whether committed by public authorities or others.
What are rights, and where do they come from? Do I, as an Icelander have a right to my own property, and if someone from public authority wants to steal from me (taxation) against my will, will the Icelandic State run to my defence? Without defining what rights are, these passages are nothing more than hollow rattling noise. Dangerous nose. Dangerous because any Statist can hang whatever they like on the phrase, “Human Rights” and then use that as a pretext to violate Icelanders.
Article 10 Security
Everyone shall be guaranteed security and protection against violence of any kind, such as sexual violence, inside and outside the home.
Violence of any kind; like theft? And guaranteed? Do these people even know what the word ‘guarantee’ means? And of course, these guarantees are not in force if the theft is done to you by the State of course, when they steal your money, or force your children to attend their vile schools.
By saying that they are going to protect people inside their homes, they are saying that they are claiming the power to enter your home on whatever pretext they can dream up in their nightmare of a system. You are not safe anywhere in Iceland under this constitution, which is an interesting byproduct of this clause that is meant to enshrine your safety.
Article 11 Protection of privacy
The protection of personal privacy and the privacy of home and family shall be guaranteed.
Bodily or personal search, or a search of a person’s premises or possessions, is permitted only in accordance with the decision of a court of law or specific permission by law. The same applies to the examination of documents and mail, communications by telephone and other telecommunications, and to any other comparable interference with a person’s right to privacy.
Notwithstanding the provisions of the first paragraph above, personal privacy and privacy of the home or family may be restricted by a specific provision of law if urgently necessary for the protection of the rights of others.
The only threat to privacy in any country is the State. The State, which has backdoor access to almost everything is the number one violator of privacy world-wide. Iceland has its Icelandic ID number (kennitala) which is forced upon all Iceland dwellers at birth, without a chance to opt out. Without even bothering to check, I will bet that you cannot open a bank account without one, or rent a property or travel outside of Iceland unless you have been issued one. So much for their pipe dreams of privacy being guaranteed. It’s utter rubbish.
Note how they say ‘bodily search’ by whom? They are referring to the police of course, who are also a monopoly service. They are referring to the airport customs officers who can search anyone, not for security, but for revenue generation for the State, and who are also a monopoly. And who makes the laws permitting these violations? Why, the monopoly State of course.
There is no ‘right to privacy'; this is another made up right that has no basis in the nature of man, and even if it did, they claim that Icelanders have this right with their left hand, but then with the right hand they erase this right by saying that the police, customs and other ‘officials’ can violate this right for the purposes of the State. It is as insane as that last passage reads.
And now, the Pièce de résistance…
Article 12 Children’s rights
All children shall be guaranteed by law the protection and care that their well-being requires.
The best interests of the child shall always take precedence when decisions are made regarding a child’s affairs.
A child shall be guaranteed the right to express its views regarding all its affairs, and just account shall be taken of the child’s views in accordance with its age and maturity.
This is nothing more than a Paedophile’s Article, claiming all Icelandic children as the property and chattel of the State.
Parents are the owners of their children, and we have been over this many times on BLOGDIAL with reference to Home Education. This is the sort of clause that destroys human nature, corrupts the human family structure and replaces the parent with the State.
This clause does not define who determines what is in the best interest of any child unfortunate enough to live in the Icelandic prison state, it does not say who makes these decisions, and does not specify what a child’s affairs are as distinct from the lives they live as members of a family.
These people are absolutely horrible, inhuman and disgusting. Its no wonder that there is only one Home Educating family in Iceland.
Children are granted the right to express their views. What? They already have the property right in their own bodies, that includes their mouths, which they can use to utter whatever they like. They do not need the State to give them what they already have. As for “a just account shall be taken”, what exactly does this mean? Who will take a just account, and who decides what is just and what is unjust? How dare these subhumans try and usurp the property of a parent in this disgusting way? Who decides what age is appropriate for what thoughts and desires? Who decides who is mature and who is not?
The people who wrote this are extremely sick and dangerous.
Article 13 Right of ownership
The right of private ownership shall be inviolate. No one may be obliged to surrender his property unless required by the public interest. Such a measure requires permission by law, and full compensation shall be paid.
Ownership rights entail obligations as well as restrictions in accordance with law
The right of private ownership is inviolate, unless its your money, your self, or your children, which the Icelandic State is making a de-facto prior claim on if this constitution comes into force. What the public interest is is never defined in this absurd document, which means that it can mean anything at all. Your children can be forced to go to school for the public interest, 90% of your earnings can be stolen for the public interest, you can be forbidden foods and drink in the public interest, your house can be destroyed so that a road can be laid down in the public interest, and so on. Full compensation? For a child’s life? For a lifetime’s work? I think not.
Ownership rights, like any other fake right created by the State, is not a true right at all, but is instead, a noose around your neck. It is a means to justify stealing your money and your children from you. These documents always include leverage points where any law can be passed and subsequently nullified by the constitution, “in accordance with law” which is the phrase that achieves this. It means that the paedophiles, thieves, crony capitalists and scumbags in any future Icelandic parliament simply have to pass a law to sweep away your rights. This is not how decent people think or behave.
Thats enough; I cant do anymore.
For the record I am not picking on Iceland because Iceland is a particularly bad example, or Icelandic people are inherently evil or anything remotely like that. All of the Icelandic people I have ever met have been perfectly gentlemanly, kind, considerate and peaceful. This is an examination of principles that can be applied to any country with a constitution or that is considering one like it, and this proposed basic law is nothing more than a convenient foil. I could have just as easily chosen Honduras, whose monopoly judiciary has just unilaterally declared that men cannot build a free city, because it would be ‘unconstitutional’. This proposed constitution is but one of many such bad, fundamentally flawed documents, most of them already in force somewhere on the globe, and Iceland drew the short straw because the people there have had the guts to fend off the banksters, and seem to understand that they can build a different sort of country from scratch. This is very brave, and I wish them luck.
What they need to do if they are going to redesign their country is to work from the correct principles, understand what the true meaning of the words they are using are, try and get a grip on Economics, rights and why monopolies in law and security are a bad thing, and then, maybe, just maybe, they will be able to come up with something robust that will increase their prosperity and protect their rights from predation. One thing is for sure; what this proposed constitution is, is as far away from what is needed as you can get.
Sadly, none of the people who are behind its drafting are even named, so that you cant put the blame where it belongs. It also gives you a false sense of consensus; for all we know, it was written by three drunks and a smack addict on a copypasta binge. It makes you wonder what they are frightened of, that they cannot put their names a document they purportedly believe in, which is going to be used to violently control the people of the entire country. The founding fathers of the United States of America, for all their flaws, all put their names to the documents they produced to create that great country. That is the act of men with guts, who actually believed what they were doing was right, and who were willing to die for what they believed in.
In any case, all of this would have been be moot if Peter Theil and the other Libertarians working to create a free country in Honduras had been successful. Everyone with a wish to be free would have fled to that new free country. The entrepreneurs, the creative and the able, fleeing countries like Iceland, would have left only the incapable, the unable, evil, socialist and stupid. No one would have been left to run the economy, make things or operate anything.
Does this sound familiar? If the people shaping Iceland’s future have any sense at all, they should call Peter Theil and ask him how to set up a country for maximum prosperity and liberty, rather than drafting hollow imitations of broken constitutions.