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150 از 150 اصطلاح

بخش 1

Foundational Constitutional Terms

State: "State" means every institution, organ, branch, office, subdivision, instrumentality, force, department, agency, authority, commission, court, public institution, public corporation, publicly funded body, and any other structure, person, or entity that exercises public power, performs a public function, wields coercive authority, receives delegated authority, materially controls access to rights through State-conferred power, or otherwise acts as part of the machinery of public authority, whether permanent, temporary, transitional, provisional, domestic, foreign-assisted, formal, informal, centralized, decentralized, automated, delegated, direct, or indirect.
Public Power: "Public power" means any claimed, exercised, delegated, enabled, recognized, or tolerated power to govern, command, regulate, adjudicate, license, investigate, search, surveil, detain, punish, censor, allocate access, deny benefits, impose conditions, enforce compliance, or otherwise materially affect constitutional rights, legal status, liberty, security, movement, property, communication, or access by virtue or appearance of official, governmental, or public authority.
Public Function: "Public function" means any function that determines, constrains, distributes, denies, conditions, monitors, disciplines, enforces, adjudicates, or otherwise materially affects constitutional rights, legal status, liberty, security, access, or obligations in a manner ordinarily attributable to the State.
Acting Under Color of Law: "Acting under color of law" means acting under claimed, apparent, purported, delegated, induced, coordinated, tolerated, funded, protected, or materially supported State authority, advantage, or backing, whether or not the authority is lawful, formally granted, publicly acknowledged, or correctly described.
State Action: "State action" means conduct directly undertaken by the State and also conduct materially induced, significantly encouraged, procured, coordinated, delegated, knowingly enabled, deliberately tolerated as a substitute for direct action, laundered through another actor, or otherwise brought about, relied upon, or benefited from by the State so that it functions in substance as State conduct.
Constitutional Right: "Constitutional right" means any right secured, recognized, preserved, guaranteed, retained, or protected by this Constitution, whether stated in a general clause, in a specific amendment, or by necessary implication from an express guarantee.
Constitutional Violation: "Constitutional violation" means any act, omission, policy, order, practice, classification, system, arrangement, or course of conduct that infringes, burdens, chills, delays, distorts, suppresses, nullifies, evades, or otherwise defeats a constitutional right or constitutional duty.
Constitutional Duty: "Constitutional duty" means any obligation imposed by this Constitution on the State, on persons exercising public power, or on persons acting under color of law, including duties of restraint, protection, disclosure, review, remedy, and non-evasion.
Entry into Force: "Entry into force" means the moment at which this Constitution becomes legally operative and enforceable according to its own terms.
Independent Court: "Independent court" means a court established by law and institutionally, functionally, financially, and decisively free in the matter before it from executive, military, intelligence, security, prosecutorial, partisan, ideological, religious, administrative, or other interested control, pressure, command, or predetermined outcome, and possessing authority to issue binding orders and effective remedies under this Constitution.
Independent and Impartial Tribunal: "Independent and impartial tribunal" means an adjudicative body established by law, bound by this Constitution, institutionally independent of interested authorities, and free from bias, improper influence, predetermined outcome, or exceptional design intended to disadvantage a party.
Judicial Order: "Judicial order" means a written, reasoned, case-specific, reviewable authorization or directive issued by an independent court on a constitutionally sufficient showing, identifying the legal basis and the person, place, thing, account, communication, data, conduct, or restraint at issue, and strictly limiting purpose, scope, method, duration, execution, retention, use, and any secrecy to what this Constitution permits.
Due Process of Law: "Due process of law" means fair, lawful, public, reviewable, and constitutionally sufficient procedure proportionate to the gravity and nature of the liberty, bodily, privacy, property, status, communicative, or other protected interest affected, including at minimum timely notice of the legal basis for the action, access to an independent adjudicator where adjudication is required, a meaningful opportunity to contest the action, access to evidence as constitutionally required, a reasoned determination on the record, and prompt availability of effective review and remedy. No secret, unpublished, or unchallengeable legal basis satisfies due process of law.
Valid Consent: "Valid consent" means consent that is voluntary, informed, explicit, specific, contemporaneous, freely revocable, and given by a person with actual authority over the right or space affected. Consent is void if obtained or maintained through coercion, deception, threat, intimidation, dependency, custodial pressure, economic pressure, materially unequal power, show of authority, structural compulsion, or circumstances created or exploited by public power. Silence, acquiescence, habitual compliance, bundled terms, ordinary adhesion contracts, failure to resist, or fear do not constitute consent.
Effective Lawful Remedy: "Effective lawful remedy" means a remedy that is actually available in practice, timely, constitutionally adequate, capable of preventing, stopping, correcting, or curing the violation, and not merely symbolic, delayed, illusory, or structurally defeated.
Prompt, Meaningful, and Effective Relief: "Prompt, meaningful, and effective relief" means judicial or constitutionally authorized relief that is timely enough to prevent denial by delay, sufficiently broad to cure the violation and its effects, and practically capable of restoring, protecting, or enforcing the right at issue.
Non-Derogation: "Non-derogation" means that a constitutional right may not be suspended, diminished, postponed, reclassified, overridden, or rendered inoperative by war, emergency, instability, national-security claim, public-order claim, technological change, or other exceptional circumstance unless this Constitution itself expressly and narrowly permits otherwise.
Exceptional Circumstances: "Exceptional circumstances" means any claimed emergency, war, armed conflict, rebellion, terrorism, public-health event, natural disaster, economic crisis, technological crisis, transitional instability, national-security claim, public-order claim, misinformation claim, or other asserted extraordinary condition.
Anti-Evasion: "Anti-evasion" means the constitutional rule that what the State may not do directly it may not do indirectly, whether by relabeling, delegation, privatization, tolerated private conduct, proxy action, omission, delay, secrecy, market transaction, foreign laundering, technical architecture, algorithmic administration, fragmentation of authority, administrative redesign, or any other substitute mechanism.
Substance Governs Over Form: "Substance governs over form" means constitutional meaning is determined by real function, effect, practical operation, and foreseeable consequence, not by title, label, forum, classification, procedural packaging, technological medium, or asserted purpose.

بخش 2

State Action, Proxy Conduct, and Anti-Evasion

Covered Actor: "Covered actor" means any person or entity to whom a constitutional prohibition, duty, or restriction applies by virtue of being the State, exercising public power, performing a public function, acting under color of law, or falling within a specific amendment's defined scope.
Materially Induced: "Materially induced" means brought about, triggered, or caused in a non-trivial way by State pressure, incentives, dependence, threats, benefits, or structural leverage.
Significantly Encouraged: "Significantly encouraged" means actively prompted, supported, approved, rewarded, or facilitated by the State in a manner that materially increases the likelihood of the conduct.
Procured: "Procured" means obtained, arranged, caused, or secured by the State through request, payment, direction, coordination, bargaining, exchange, or inducement.
Knowingly Enabled: "Knowingly enabled" means knowingly creating, maintaining, tolerating, or refusing to remove conditions through which a constitutional violation foreseeably occurs.
Deliberately Tolerated: "Deliberately tolerated" means intentionally permitted, ignored, or left in place by the State where intervention was constitutionally required or the conduct was used as a substitute for direct action.
Proxy Enforcement: "Proxy enforcement" means enforcement, suppression, punishment, monitoring, intimidation, or coercion carried out by a non-state or deniable actor on behalf of, in coordination with, or to the benefit of the State.
Private Coercion: "Private coercion" means coercive conduct by private actors that is materially induced, significantly encouraged, procured, knowingly enabled, or deliberately tolerated by the State.
Brokered Surveillance: "Brokered surveillance" means surveillance, data collection, data acquisition, profiling, or monitoring obtained through purchase, license, trade, subscription, exchange, or other mediated market arrangement from a private or quasi-private source.
Foreign Intelligence Laundering: "Foreign intelligence laundering" means obtaining, requesting, receiving, using, relying upon, storing, or benefiting from information collected by foreign states, foreign proxies, foreign corporations, transnational bodies, or external channels in order to bypass constitutional restrictions that would apply if the State acted directly.
Infrastructure Capture: "Infrastructure capture" means monopolizing, dominating, coercively controlling, or structurally converting communications or technical infrastructure into an instrument of surveillance, censorship, dependency, routing control, access control, or population control.
Platform Coercion: "Platform coercion" means State pressure, inducement, coordination, or leverage applied to platforms, intermediaries, service providers, infrastructure operators, or comparable gatekeepers to suppress, label, de-rank, remove, throttle, demonetize, or otherwise burden protected conduct.
Forced Traceability: "Forced traceability" means compelling or structurally requiring a person's identity, location, associations, or activities to be linkable, attributable, or continuously trackable as a condition of exercising a constitutional right.
Identity Enforcement: "Identity enforcement" means requiring disclosure, verification, authentication, traceability, or exposure of identity, credentials, affiliations, or personal identifiers as a condition of exercising, accessing, or retaining constitutional rights.
Discoverability Suppression: "Discoverability suppression" means suppressing, burying, shadowing, de-ranking, filtering, blocking, or otherwise reducing the practical findability, visibility, reach, accessibility, or retrievability of protected conduct.
Punitive Relabeling: "Punitive relabeling" means describing punishment, penal restraint, punitive disability, or equivalent punitive consequence as civil, administrative, regulatory, preventive, professional, educational, security, intelligence, or other non-penal action in order to evade constitutional limits.
Constructive Detention: "Constructive detention" means a deprivation of liberty functionally achieved through control, confinement, surveillance domination, coercive conditions, movement restriction, geofencing, communication isolation, or equivalent practical restraint even if not formally labeled detention.
Functional Punishment: "Functional punishment" means a deprivation, restraint, stigma, exclusion, or disability that operates in substance as punishment regardless of the label applied to it.
Functional Detention: "Functional detention" means detention, confinement, or equivalent restraint determined by real operation and effect rather than by formal label, location, or administrative description.

بخش 3

Conscience, Expression, Communication, and Association

Freedom of Conscience: "Freedom of conscience" means the freedom to hold, form, reject, change, preserve, or act consistently with one's convictions, beliefs, non-beliefs, moral commitments, ethical judgments, and inner convictions without coercion, punishment, forced conformity, or compelled renunciation, except where this Constitution expressly and narrowly permits restriction.
Belief / Non-Belief: "Belief" and "non-belief" mean religious, anti-religious, secular, philosophical, ethical, political, or other ultimate convictions, commitments, or refusals of conviction, including the choice to have no such belief.
Protected Expression: "Protected expression" means expression secured by this Constitution, including thought, opinion, inquiry, speech, publication, communication, art, symbolism, science, academia, politics, religion, non-religion, satire, parody, fiction, anonymity, pseudonymity, encryption, criticism, ridicule, insult, offense, disturbing or unpopular expression, and other peaceful expression in any medium or technology, except only where this Constitution expressly and narrowly permits restriction.
Communication: "Communication" means the transmission, receipt, routing, relaying, storage, access, exchange, publication, or preservation of information, messages, signals, or ideas by any medium, technology, or system.
Communication Infrastructure: "Communication infrastructure" means networks, routing systems, gateways, exchange points, platforms, protocols, spectrum-based systems, internet-access systems, registries, addressing systems, hosting systems, and other technical architecture through which communication is enabled, routed, stored, or accessed.
Press: "Press" means all persons and entities engaged in gathering, documenting, investigating, analyzing, preserving, publishing, distributing, hosting, archiving, or disseminating information or opinion, regardless of medium, scale, occupation, revenue model, technology, professional status, or legal form.
Association: "Association" means the right to join, maintain, support, organize, participate in, identify with, or communicate within lawful groups, communities, institutions, causes, or relationships, publicly or privately, anonymously or openly.
Petition: "Petition" means an individual or collective demand, complaint, grievance, appeal, request, call for investigation, call for reform, or call for redress directed toward public authority or public accountability.
Anonymous Expression: "Anonymous expression" means expression, communication, publication, browsing, participation, or association undertaken without compelled disclosure of identity.
Pseudonymous Expression: "Pseudonymous expression" means expression, communication, publication, or participation undertaken through an assumed, alternate, or persistent non-legal identity not required to disclose the speaker's civil identity.
Self-Presentation: "Self-presentation" means a person's peaceful choice of dress, appearance, grooming, bodily presentation, adornment, symbols, and outward personal expression as an aspect of autonomy and identity.

بخش 4

Arms, Defense, and Resistance

Arms: "Arms" means weapons and other instrumental means suitable for individual or collective defense, deterrence against unlawful force, preservation of constitutional liberty, or resistance to tyranny, including munitions, ammunition, projectiles, magazines, feeding devices, components, parts, accessories, tools, energy sources, integrally related operating software, maintenance equipment, and functionally necessary related equipment, except where this Constitution expressly and narrowly excludes a category.
Protected Arms: "Protected arms" means arms secured by this Constitution and not excluded by an express and narrowly construed constitutional limitation.
Protective, Defensive, and Safety Equipment: "Protective, defensive, and safety equipment" means equipment related to the exercise of the right to arms and intended to protect life, reduce risk, improve accuracy, increase situational awareness, improve survivability, or preserve effective defensive use.
Serious Violent Felony: "Serious violent felony" means a grave criminal offense involving the intentional use or intentional threat of unlawful physical violence against another person.
Legal Majority: "Legal majority" means the age at which a person is recognized by law as having full adult legal capacity for general civil responsibility, unless this Constitution itself provides a narrower age-related rule for a specific right.
Material Impairment: "Material impairment" means actual contemporaneous impairment by alcohol, narcotics, or another substance to such a degree that judgment, perception, coordination, or self-control is substantially diminished.
Unconstitutional Force: "Unconstitutional force" means physical force, armed coercion, or threatened armed coercion used by the State or by persons acting under color of law in violation of this Constitution.
Unconstitutional Disarmament: "Unconstitutional disarmament" means abolition, suspension, confiscation, or material destruction of the rights secured by the arms amendment in violation of this Constitution.

بخش 5

Private Civilian Space, Entry, and Confinement

Protected Private Civilian Space: "Protected private civilian space" means any home, dwelling, residence, room, shelter, tent, vehicle used for living, temporary lodging, enclosed residential compound, curtilage, place of rest, recovery space, or other non-public space used for living, sleeping, family life, intimate life, private association, personal storage, ordinary civilian refuge, or comparable withdrawal from public power.
Quartering: "Quartering" means lodging, housing, stationing, billeting, placing, or maintaining an armed force actor within protected private civilian space, whether temporarily or continuously.
Armed Force Actor: "Armed force actor" means any military, police, intelligence, security, paramilitary, detention, tactical, riot-control, reserve, auxiliary, volunteer, proxy, contractor, adviser, peacekeeping, or affiliated force, domestic or foreign, exercising or purporting to exercise coercive force under color of law, public authority, command, coordination, sponsorship, support, tolerance, or acquiescence of the State.
Coercive Entry: "Coercive entry" means entry, crossing, occupation, presence, penetration, or remaining within protected private civilian space by a covered actor without valid consent or, where this Constitution requires it, a judicial order.
Technologically Mediated Entry: "Technologically mediated entry" means entry into protected private civilian space accomplished by sensor, software, signal, robotic device, drone, remote instrument, networked penetration, biometric capture, data extraction, or other technological means reaching into that space; it is entry under this Constitution and, where applicable, also constitutes search, seizure, surveillance, interception, extraction, or analogous regulated conduct. Protections triggered by such conduct are cumulative, not alternative.
Extrajudicial Confinement: "Extrajudicial confinement" means confinement, detention, isolation, enforced residence, house arrest, guarding, geofencing, monitoring into immobility, communication-severing restraint, or comparable deprivation of liberty imposed, maintained, concealed, or functionally achieved without constitutionally sufficient judicial process and, where continuation is at issue, without continuing constitutionally sufficient judicial basis.
House Arrest: "House arrest" means detention or functional detention imposed by confining a person to a home, residence, room, hospital room, or other private or assigned civilian space through guards, barriers, surveillance, geofencing, checkpoints, threats, or equivalent means.
Enforced Residence: "Enforced residence" means requiring a person to remain in, relocate to, or live only within a designated residence, dwelling, room, facility, locality, or other assigned place under coercive restriction or legal compulsion.
Incommunicado Confinement: "Incommunicado confinement" means confinement combined with denial or substantial obstruction of communication with counsel, family, chosen representatives, medical assistance, supporters, the public, or an independent court.

بخش 6

Bodily Integrity, Bodily Autonomy, and Freedom from Bodily Domination

Bodily Integrity: "Bodily integrity" means the right of each person to be free from nonconsensual invasion, alteration, injury, penetration, restraint, degradation, instrumental use, or other coercive domination of the body by the State or by covered actors.
Bodily Autonomy: "Bodily autonomy" means the right of each person to decide, refuse, or withdraw consent regarding uses, interventions, exposures, restraints, and alterations affecting the person's own body, except where this Constitution expressly and narrowly permits otherwise.
Torture: "Torture" means the intentional infliction, attempted infliction, orchestration, or knowing use of severe physical or psychological pain, suffering, terror, or breakdown of bodily or mental integrity by the State or by covered actors for coercion, punishment, intimidation, domination, extraction, humiliation, discrimination, or any comparable purpose.
Cruel, Inhuman, or Degrading Treatment: "Cruel, inhuman, or degrading treatment" means treatment that humiliates, degrades, terrorizes, brutalizes, breaks the will, destroys bodily or mental integrity, or subjects a person to severe pain, fear, exposure, filth, deprivation, coercive dependency, or comparable abuse incompatible with constitutional bodily security and liberty, whether or not it satisfies the threshold of torture.
Slavery: "Slavery" means legal or practical ownership-like domination of one person by another, including power to control the person's body, movement, labor, sexual use, reproduction, status, or survival as if the person were an object, asset, or dependent subject to disposal or command.
Servitude: "Servitude" means a condition of coerced personal subordination in which a person is compelled to remain available for labor, obedience, service, or domination through law, coercion, dependency, threat, debt, status, family control, institutional power, or practical inability to refuse or leave.
Forced Labor: "Forced labor" means labor, service, or performance extracted from a person by force, threat, coercion, dependency, confinement, penalty, deprivation, abuse of legal process, or abuse of vulnerability, including where refusal carries punishment, materially adverse conditions, or deprivation of rights or necessities.
Nonconsensual Bodily Intervention: "Nonconsensual bodily intervention" means any physical, chemical, biological, reproductive, neurological, surgical, pharmaceutical, sensory, or other direct intervention affecting the body or bodily functions without valid consent or express constitutional authorization.
Medical Coercion: "Medical coercion" means use of medical authority, medical settings, clinical dependency, treatment access, diagnosis, certification, or claims of health necessity to compel bodily intervention, bodily exposure, bodily alteration, compliance, confinement, or waiver of constitutional rights.
Psychiatric Coercion: "Psychiatric coercion" means use of psychiatric authority, diagnosis, commitment, treatment claims, competence findings, behavioral labeling, or mental-health dependency to compel bodily intervention, sedation, medication, isolation, loss of agency, or comparable domination of the person.
Nonconsensual Sterilization: "Nonconsensual sterilization" means sterilization, castration, permanent or long-term suppression of reproductive capacity, or comparable intervention affecting the capacity to reproduce, imposed without valid consent or imposed through coercion, dependency, deception, confinement, or status-based pressure.
Eugenic Control: "Eugenic control" means any State-directed or State-enabled effort to encourage, discourage, prevent, compel, condition, rank, sort, or manipulate reproduction, bodily development, or bodily intervention on the basis of disability, genetics, ancestry, health status, sex, social value, ideology, conformity, or other status-based criteria.

بخش 7

Privacy, Search, Seizure, Surveillance, and Data Sovereignty

Security of the Person: "Security of the person" means constitutional protection against bodily intrusion, bodily domination, covert monitoring, compelled exposure, and other State interference with bodily integrity, bodily autonomy, physical safety, or closely linked personal security interests.
Private Life: "Private life" means the sphere of personal existence, thought, choice, relationship, identity, dwelling, movement, communication, habit, and ordinary living that this Constitution protects from unwarranted State observation, interference, domination, or manipulation.
Informational Privacy: "Informational privacy" means constitutional protection against unauthorized acquisition, monitoring, retention, disclosure, inference, reconstruction, manipulation, or use of information relating to a person, regardless of medium, format, custody, storage, routing, source, derivation, or method of generation.
Search: "Search" means any act by the State or by a covered actor to observe, inspect, probe, examine, map, test, detect, access, monitor, copy, extract, infer, reconstruct, or otherwise obtain knowledge from a person, body, space, effect, device, account, communication, record, or data where constitutional security or privacy applies, whether physically, remotely, manually, automatically, openly, covertly, directly, or through technology.
Seizure: "Seizure" means taking, controlling, restraining, blocking, diverting, freezing, immobilizing, retaining, or materially interfering with possession, movement, access, use, integrity, or disposition of a person, thing, communication, device, account, record, or data.
Surveillance: "Surveillance" means ongoing, repeated, systematic, targeted, or scalable monitoring, interception, recording, tracing, tracking, profiling, analysis, inference, or observation of persons, communications, movements, behaviors, relationships, spaces, devices, accounts, or data, whether direct or indirect, manual or automated, open or covert, and whether conducted in real time, retrospectively, or continuously.
Interception: "Interception" means the acquisition, diversion, capture, access, or recording of a communication, signal, data flow, or transmission while it is being sent, routed, processed, or received.
Compelled Disclosure: "Compelled disclosure" means requiring a person to reveal information, records, credentials, identity-linked information, access credentials, associations, or protected data under legal compulsion or coercive condition.
Individualized and Particularized Probable Cause: "Individualized and particularized probable cause" means specific, sworn, and articulable facts establishing a direct and reasonable basis to believe that a defined criminal offense has been, is being, or is about to be committed by a specifically identified person or persons, and that the particular intrusion, restraint, search, seizure, interception, surveillance, or entry sought is necessary and directly relevant to that offense. It does not arise from generalized suspicion, association, ideology, protected expression, group membership, prediction, profiling, statistical inference, lawful technology use, silence, or refusal to consent.
Strict Particularity: "Strict particularity" means that a judicial order must precisely identify the person, place, device, account, communication, record, data, purpose, scope, duration, and method authorized, leaving no room for generalized, exploratory, rolling, bulk, or downstream authority.
Metadata: "Metadata" means data about communications, devices, accounts, movements, associations, transactions, timing, routing, headers, identifiers, or technical context and is constitutionally protected to the same extent as content where this Constitution so provides.
Derived Data: "Derived data" means data generated from other information by calculation, transformation, aggregation, modeling, or linkage.
Inferred Data: "Inferred data" means data attributed, predicted, modeled, reconstructed, or concluded about a person from other data rather than directly provided by that person.
Synthesized Data: "Synthesized data" means data artificially generated, reconstructed, simulated, scored, or machine-produced to represent, predict, approximate, or stand in for information about a person.
Compelled Access: "Compelled access" means requiring a person to unlock, decrypt, authenticate, expose, make available, or facilitate access to a device, account, system, record, communication, or protected data.
Data Sovereignty: "Data sovereignty" means the constitutional principle that a person retains full constitutional protection over information relating to that person regardless of where or by whom it is stored, routed, processed, held, copied, inferred, synthesized, entrusted, or generated, and that the State may not convert control over infrastructure, intermediaries, custody chains, or technical architecture into dominion over such information or into a waiver, forfeiture, or reduction of constitutional protection.

بخش 8

Accusation, Detention, Trial, Punishment, and Disappearance

Formal Criminal Accusation: "Formal criminal accusation" means a written criminal charge stating a defined criminal offense and its essential factual basis, issued or authorized through a constitutionally sufficient independent charging process and sufficient to trigger criminal or penal process under this Constitution.
Defined Criminal Offense: "Defined criminal offense" means conduct clearly and previously established by law as criminal, with elements sufficiently definite to give fair notice and to prevent punishment by discretion or retroactive invention.
Criminal or Penal Process: "Criminal or penal process" means any State process aimed at accusation, prosecution, adjudication, punishment, penal restraint, penal disability, or equivalent punitive consequence, regardless of whether it is labeled criminal, civil, administrative, security-related, military, regulatory, or otherwise.
Habeas Corpus: "Habeas corpus" means the immediate and non-derogable right of a person deprived of liberty to be brought before an independent court and to challenge the legality of the deprivation through a remedy capable of prompt release or other effective judicial correction.
Continued Detention: "Continued detention" means detention, confinement, house arrest, enforced residence, or functionally equivalent restraint maintained beyond the brief time strictly necessary for initial custody without continuing constitutionally sufficient judicial basis.
Presumption of Innocence: "Presumption of innocence" means the rule that every accused person is treated as not guilty unless and until guilt is proved in accordance with this Constitution.
Beyond a Reasonable Doubt: "Beyond a reasonable doubt" means the highest ordinary standard of proof in adjudication of criminal guilt, requiring proof sufficient to leave no reasonable uncertainty consistent with innocence.
Same Offense / Same Essential Conduct: "Same offense" and "same essential conduct" refer to materially identical criminal wrongdoing in substance, such that the State may not evade jeopardy protections by relabeling, fragmenting, or repackaging the conduct.
Self-Incriminating Evidence: "Self-incriminating evidence" means testimonial, communicative, mnemonic, cognitive, or equivalent evidence compelled from a person that tends to expose that person to criminal or penal liability.
Penal Consequence: "Penal consequence" means punishment or a punishment-like consequence imposed, maintained, or made legally operative by the State because of alleged or adjudged wrongdoing, including penal restraint, punitive disability, forfeiture, exile, travel ban, deprivation of legal status, official stigma carrying legal effect, or comparable deprivation that operates in substance as punishment regardless of label.
Punitive Disability: "Punitive disability" means a disability, deprivation, exclusion, or restriction imposed as punishment or operating in substance as punishment.
Enforced Disappearance: "Enforced disappearance" means the arrest, detention, confinement, abduction, transfer, relocation, concealment, or secret custody of a person by the State or by persons acting with State involvement, followed by denial, non-acknowledgment, secrecy, concealment of fate or whereabouts, denial of communication, or removal of the person from the protection and visibility of law. It is a continuing constitutional violation until the person's fate and location are fully disclosed and the person is restored to effective judicial protection and review.
Meaningful Appellate Review: "Meaningful appellate review" means real, reasoned, accessible review by an independent court with authority to correct errors affecting legality, fundamental rights, impartiality, evidentiary integrity, accusation, conviction, punishment, or tribunal independence.

بخش 9

Civil Adjudication, Civil Fact-Finding, and Noncriminal Coercive Determinations

Civil Adjudication: "Civil adjudication" means adjudication of noncriminal claims, liabilities, duties, remedies, sanctions, or obligations through a process that produces binding civil legal effect.
Coercive Civil Judgment: "Coercive civil judgment" means a civil judgment, decree, order, award, or comparable adjudicative act that imposes binding liability, deprivation, compelled payment, compelled compliance, enforceable restraint, or comparable legal burden.
Binding Civil Determination: "Binding civil determination" means a noncriminal adjudicative determination of fact, law, liability, status, entitlement, penalty, or obligation that has direct legal effect on a person or entity.
Administrative Adjudication: "Administrative adjudication" means adjudication by an agency, board, commission, regulator, licensing body, or other nonjudicial public forum that determines disputed facts, rights, duties, penalties, or obligations with binding legal effect.
Noncriminal Coercive Determination: "Noncriminal coercive determination" means a noncriminal adjudicative or quasi-adjudicative determination that imposes or authorizes a binding burden, deprivation, duty, disability, payment, or restraint.
Civil Penalty: "Civil penalty" means a monetary or analogous sanction imposed in a civil or administrative forum for alleged violation of law, rule, condition, duty, or regulatory requirement.
Civil Sanction With Coercive Effect: "Civil sanction with coercive effect" means any civil or administrative sanction that operates in practice to compel conduct, extract payment, disable rights, close businesses, revoke status, or otherwise impose material legal burden beyond ordinary compensation or restoration.
Civil Forum Manipulation: "Civil forum manipulation" means routing, labeling, fragmenting, restructuring, or sequencing a dispute, remedy, sanction, or claim so as to avoid the adjudicative protections that would otherwise apply in a properly constituted civil forum.
Fact-Finding Finality: "Fact-finding finality" means the constitutional protection that factual determinations properly assigned to a jury or other constitutionally required civil fact-finding body may not be nullified, reweighed, or substituted by another adjudicator except on constitutionally permitted grounds.
Jury Waiver: "Jury waiver" means relinquishment of the right to civil jury adjudication or required civil lay fact-finding.
Mandatory Arbitration: "Mandatory arbitration" means binding nonjudicial dispute resolution imposed as a required condition of employment, service, licensing, regulation, or comparable participation rather than chosen through valid consent.
Adhesion-Based Waiver: "Adhesion-based waiver" means a purported waiver of adjudicative rights imposed through nonnegotiable contracts, terms of service, employment conditions, consumer forms, licensing conditions, or other structurally one-sided arrangements lacking valid consent.
Specialized Adjudicative Forum: "Specialized adjudicative forum" means a tribunal, panel, board, commission, expert body, or other specialized forum established to resolve a defined class of disputes or regulatory matters with binding legal effect.
Transparent Civil Adjudication: "Transparent civil adjudication" means civil adjudication conducted with publicly knowable legal standards, publicly reviewable reasoning, and records sufficiently open to allow accountability where binding coercive effect is imposed.

بخش 10

Excessive Financial Punishment, Custodial Authority, and Confinement Systems

Excessive Fine: "Excessive fine" means a monetary punishment or punitive financial extraction that is disproportionate to the offense, disproportionate to culpability, impossible or destructive to satisfy in light of actual ability to pay, or structured or maintained for revenue rather than constitutionally limited punishment.
Punitive Financial Extraction: "Punitive financial extraction" means extraction of money, assets, fees, charges, or financial obligations by the State as punishment or punishment-like burden, whether labeled fine, fee, cost, surcharge, restitution, forfeiture, or otherwise.
Punishment as Revenue: "Punishment as revenue" means use, imposition, enforcement, or maintenance of punishment, financial penalties, or related burdens for the purpose or foreseeable effect of generating governmental income.
Revenue Dependence on Punishment: "Revenue dependence on punishment" means budgeting for, forecasting, structuring institutions around, or otherwise making governmental operations materially dependent on punishment, penalties, fines, fees, forfeitures, or comparable punitive exactions.
Custodial Authority: "Custodial authority" means authority arising from lawful confinement to maintain secure custody and immediate safety within constitutionally permitted bounds, and no more.
Humane Conditions of Confinement: "Humane conditions of confinement" means conditions of confinement consistent with constitutional safety and personhood, including adequate sanitation, potable water, nutrition, sleep, rest, shelter, temperature protection, basic hygiene, access to necessary medical attention as otherwise required by this Constitution, communication with counsel and the courts as otherwise required by this Constitution, and protection from violence, abuse, neglect, and preventable death.
Retaliation in Confinement: "Retaliation in confinement" means punishment, deprivation, worsening of conditions, denial of access, or other adverse action imposed on a confined person because the person asserted a constitutional right, filed a complaint, sought judicial relief, communicated with counsel or other protected recipients, sought medical attention, exposed abuse, or refused an unlawful order.
Penal Exploitation: "Penal exploitation" means use of conviction, confinement, or penal dependency to extract labor, services, money, compliance, humiliation, ideological service, or material benefit beyond what this Constitution permits, including through compelled custodial labor, coerced custodial service, or exploitative penal dependency.
Transparency in Confinement Systems: "Transparency in confinement systems" means publicly reviewable rules, records, and accountability mechanisms sufficient to prevent secret detention, secret transfer, secret discipline, hidden treatment, concealed injury, concealed death, unrecorded deprivation, or other concealed custodial measures having punitive or coercive effect.

بخش 11

Retained Rights, Retained Liberty, and Non-Exhaustion of Enumeration

Retained Rights: "Retained rights" means rights retained by the people that are secured, preserved, or protected by this Constitution even if not fully specified in a separate enumerated clause.
Retained Liberty: "Retained liberty" means liberty retained by the people beyond specifically enumerated clauses, subject only to limitations expressly and constitutionally justified under this Constitution.
Presumption of Liberty: "Presumption of liberty" means the rule that where the existence, scope, or application of a retained right or retained liberty is disputed, unclear, or not expressly enumerated, interpretation must favor liberty unless the State establishes constitutionally sufficient authority to limit it.
Non-Exhaustion of Enumeration: "Non-exhaustion of enumeration" means the constitutional principle that enumerating some rights does not exhaust, cancel, subordinate, or limit other rights retained by the people.
No Negative Implication From Enumeration: "No negative implication from enumeration" means the absence of explicit enumeration shall not be treated as evidence that a retained right does not exist, is inferior, or may be abridged at governmental discretion.
Future Rights: "Future rights" means rights retained by the people that are not yet fully named, articulated, or historically recognized, including rights whose constitutional relevance becomes clearer as human, social, scientific, or technological conditions change.
Non-Waiver: "Non-waiver" means retained rights and retained liberty are not lost merely by silence, inaction, routine compliance, or acceptance of conditions lacking constitutionally sufficient voluntary relinquishment.
Non-Forfeiture: "Non-forfeiture" means retained rights and retained liberty are not forfeited wholesale by status, participation, conviction, dependency, or silence except where this Constitution expressly and lawfully permits a specific restriction.
No Rightlessness: "No rightlessness" means no person may be treated as generally stripped of constitutional protection by reason of silence, dependency, conviction, confinement, status, or ordinary participation in civic, economic, or institutional life.
Burden of Constitutional Justification: "Burden of constitutional justification" means that when the State limits a retained right or retained liberty, the State bears the burden to identify constitutionally sufficient authority and justify the limitation under this Constitution.

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Conferred Public Power, Reservation, and Structural Limits on Authority

Conferred Public Power: "Conferred public power" means public power that exists only because this Constitution validly grants, assigns, or permits it, whether directly or through lawfully authorized institutions and enactments made under it.
Reservation of Unconferred Authority: "Reservation of unconferred authority" means the constitutional principle that authority not validly conferred by this Constitution is not possessed by the State and remains unconferred rather than residually available.
Popular Sovereignty: "Popular sovereignty" means the constitutional principle that all lawful public authority originates in the people and exists only under this Constitution and for public service.
Nondelegation: "Nondelegation" means the rule that conferred public power may not be transferred, reassigned, or reconstituted in a way that creates power this Constitution does not confer or evades constitutional limits and accountability.
Power Laundering: "Power laundering" means transferring, disguising, fragmenting, outsourcing, conditioning, or reassigning public power through another body, actor, process, or form in order to evade constitutional limits on that power.
Administrative Lawmaking: "Administrative lawmaking" means the creation, enlargement, or effective imposition of substantive legal obligations, duties, penalties, prohibitions, or public power beyond what this Constitution and valid law actually authorize, through administrative or regulatory action.
Public Servant: "Public servant" means any officeholder, employee, agent, delegate, contractor, intermediary, or other actor exercising public power or acting under color of law, whose office or function exists as a duty of service and accountability rather than as a source of sovereignty or privilege.
Legal Caste: "Legal caste" means any recognized or functional class of persons treated as above the law, less accountable, more authoritative, or presumptively entitled to deference, immunity, or superiority because of office, employment, function, expertise, or governmental status.
Silence Does Not Create Power: "Silence does not create power" means the constitutional rule that silence or omission shall not by itself be treated as conferring, enlarging, reviving, or legitimizing public power.

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Rules Governing Use of These Definitions

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