An Application for a ruling on the Resolution to veto Imperial Decree No.940 and a Permanent Injunction against the implementation of the aforesaid Resolution.
Particulars of Claim
(Paragraph letters refer to Rule 3.02 in the Procedures of the Imperial Judex)
(a) Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn
(b) The Prætor of the Landsraad, Fjǫrleif Llængjarla of the Houses of Ayreon-Kalirion and of the Descendants of Freyja
(c) Before the Landsraad is a Resolution to veto Imperial Decree No.940, it will pass somewhere between the submission of this application and Sunday. This Resolution seeks to declare Imperial Decree 940 to be of no effect retroactively from its signature by the Steward and also calls upon the Steward to make the necessary arrangements for the implementation of the Resolution.
Imperial Decree 940 granted the Elwynnese Union the Principality of Mishalan subject to two conditions. The King of Elwynn subsequently issued the Royal Decree of 13 Fasmas 1650 by means of which he met the conditions of Imperial Decree 940. In the self-same Royal Decree was the Principality of Mishalan granted to, and incorporated in, the Royal Precinct of the Elwynnese Union which is known as the Kingdom of Amokolia as a Circuit.
As the Imperial Judex has jurisdiction over this matter under Ch.IV.B.1, Ch.IV.B.2, Ch.IV.B.3 and Ch.IV.B.4, I submit that the Resolution to veto Imperial Decree No.940. is contrary to the Charter for the following reasons:
(i) Violation of the Internal Administration and Organization Clause (CH.VI.B.1.a).
Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is the internal administration and organization of an Imperial State (CH.VI.B.1.a). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.
When the King of Elwynn fulfilled the conditions of Imperial Decree 940 by means of the Royal Decree of 13 Fasmas 1650, Mishalan passed into the exclusive jurisdiction of the Imperial State which is known as the Elwynnese Union. By means of the self-same Royal Decree the King of Elwynn created Mishalan a Circuit of Elwynn it went beyond the control of the Imperial Government and the Landsraad because any subsequent measure, decree, law, resolution, order or action by them concerning Mishalan is superseded by Elwynnese law.
By calling upon the Steward to make the necessary arrangements for the implementation of the Resolution to veto Imperial Decree No.940, which would require taking the Circuit of Mishalan out of the Elwynnese Union, the Landsraad is violating the Charter because due to provisions of CH.VI.B, only the King of Elwynn, in whom the Legislative Power of the Elwynnese Union is vested by the Constitution of the Elwynnese Union, can release Mishalan from the Elwynnese Union. Were the Steward to implement the Resolution to veto Imperial Decree No.940, he would likewise also be in violation of the Charter for the aforegoing reasons.
(ii) Violation of the Education Clause (CH.VI.B.1.e)
Imperial States have exclusive jurisdiction over the matters listed in CH.VI.B.1. One of those reserved matters is education (CH.VI.B.1.e). Where Imperial States have exclusive jurisdiction it is provided by the Charter, through CH.VI.B.2, that State Law supersedes Imperial Law.
When the King of Elwynn fulfilled the conditions of Imperial Decree 940 by means of the Royal Decree of 13 Fasmas 1650, the Soviet infrastructure of Mishalan passed into the exclusive jurisdiction of the Imperial State which is known as the Elwynnese Union. Putting the Soviet infrastructure of Mishalan in a museum in the People’s Academy of Elwynn was one of the conditions of Imperial Decree 940.
By calling upon the Steward to make the necessary arrangements for the implementation of the Resolution to veto Imperial Decree No.940, which would require taking the Soviet infrastructure of Mishalan out of the People’s Academy of Elwynn, the Landsraad is violating the Charter because due to the provisions of CH.VI.B only the Board of Governance of the People’s Academy of Elwynn, which administers the aforesaid educational establishment, can release the Soviet infrastructure of Mishalan because the People’s Academy of Elwynn is under Elwynnese law guaranteed independence in its own affairs. Were the Steward to implement the Resolution to veto Imperial Decree No.940, he would likewise also be in violation of the Charter for the aforegoing reasons.
The claimant therefore petitions the Imperial Judex to:
1. Declare the order of the Landsraad to the Steward to make arrangements to implement Resolution to veto Imperial Decree No.940 to be null and void on the grounds of unconstitutionality;
2. Issue a Permanent Injunction against the officials and institutions of the Imperial Government implementing the Resolution to veto Imperial Decree No.940.
(d) Legislative Power of the King of Elwynn: CEU.V.1
Exclusive jurisdiction of the Imperial States to legislate upon matters of internal administration and organization: CH.VI.B.1.a
Exclusive jurisdiction of Imperial States to legislate upon matters of education: CH.VI.B.1.e
Supremacy of State Law over Imperial Law in legislative matters reserved to the Imperial States: CH.VI.B.2
Independence of the People’s Academy of Elwynn: Instrument of Government: Alôqoqar Etâqon Adurellion
(e)/(f) Imperial Decree 940
Royal Decree of 13 Fasmas 1650: Meeting the Conditions of Imperial Decree 940
Resolution to veto Imperial Decree No.940
Charter of the Imperial Republic of Shireroth
Constitution of the Elwynnese Union
Instrument of Government: Alôqoqar Etâqon Adurellion
With Respect and Esteem,
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn