Trial: Lord Zakyr v Frenzy

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Trial: Lord Zakyr v Frenzy

Post by King Noah » Sun Nov 12, 2017 10:51 pm

IN THE SUPREME COURT OF THE NATOPIAN NATION

HIS IMPERIAL HIGHNESS LORD ZAKYYR ANGUS-MOONOAK AYREON-KALIRION OF WAFFEL-PAINE
Petitioner

V

FRENZY OF THE BOVIC EMPIRE OF THE NATOPIAN NATION
Respondent


Petitioner His Imperial Highness Lord Zakyyr Angus-Moonoak Ayreon-Kalirion of Waffel-Paine alleges that a certain Resolution passed by the Frenzy of the Bovic Empire of the Natopian Nation transgresses against the Caprine Code as well as Imperial Decrees, in particular:

1. Section Four of the Caprine Code;
2. Imperial Decree ["Natopian Defense Force Action Authorisation"] of the 22nd Day of Cowtide 1651.

Petitioner moves that the Court issue a Permanent Injunction against the implementation of the aforesaid Resolution.

The Court invites Petitioner to make a submission of his claims within the next 72 hours (Gregorian), outlining the law for each of the allegations and the facts of his case. Thereafter, Respondent may respond.

The Court declares that until the conclusion of this trial, there shall be in force a Preliminary Injunction against the implementation of the aforementioned Resolution.
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
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Re: Trial: Lord Zakyr v Frenzy

Post by Zakyyr Angus-Moonoak » Mon Nov 13, 2017 8:27 pm

Your Honour,

With Your permission We raise to fight what We believe is an illegal attempt, whether intentional or not, to bypass Natopian law on the single most important matter for the Empire - its security and the control of the armed forces.

The Resolution of the Frenzy consists of three parts with the following purposes:
1. To transfer decision-making over matters related to the operation, functioning and command of the Natopian Armed Forces (hereinafter the NAF) to the Chancellor and Frenzy, through a Marshal of the Empire (hereinafter the Marshal).
2. To create of a new office which has never existed in Natopian law before, that of the Marshal.
3. To appoint Lady Isabella Kalirion, Our Security Minister (hereinafter the Minister), to that office.


Your Honour,
We uphold that all three parts are illegal.

With Your permission, We should like to address each one individually.

Your Honour,

Our Caprine Code can, from time to time, be described as ambiguous, and its lines may open up debates and discussions about their meaning. On this occasion, We believe, our supreme body of law could not be clearer. We should like to draw the Court's attention to Section Four Article 5 of the Caprine Code:
5. The Emperor is commander-in-chief of the Natopian armed forces, with the traditional title of Grand Commander of the Natopian Defense Force.
5.1 The Emperor, or his Secretary for Defense, performs day-to-day such operational and administrative duties as are necessary to maintain the armed forces of Natopia.
The Article clearly states that the control, functioning and command of the NAF lies with the Emperor, and that its day-to-day operation - with his Defense Secretary. As such, any involvement of the legislature, or the Chancellorial executive, over matters delegated to the Imperial Court and the Emperor himself is illegal, including the appointment of a Marshal in control of the NAF. Neither the Frenzy nor the Chancellor have decision-making power or responsibility over the NAF. This power, until it is otherwise done through the Natopian legislative process, rests with the Emperor and his Defense Secretary.


Moving to the second point, Your Honour, as NAF matters are the sole responsibility of the Emperor and his Defense Secretary, the Frenzy has no authority to appoint, nor delegate power to third parties or offices whose responsibilities involve the operation and command of the NAF. The day-to-day operation of the NAF is the responsibility of the Secretary of Defense. Any other activity is the sole responsibility of the Emperor. As such, We should like to point to Article 2 and Article 3 of the Imperial Decree ["Natopian Defense Force Action Authorisation"]:
2. The Natopian Defense Force shall not be authorised to take part in any military activity without the consent of its generals, who shall give that consent only if Natopia's integrity, sovereignty or ability to assert order the rule of law within its land are at risk, or the life of Natopians is at risk.
3. The Natopian Defense Force shall not be authorised to take part in any military activity without the consent of the Emperor.
The Decree in question clearly states that any military activity, that is any action different than the day-to-day operation of the NAF which falls within the premises of the Defense Secretary, must first be authorised by the NAF generals and then by the Emperor himself, by his own hand. Therefore, the NAF cannot be "placed under" a Marshal, as these powers lay with the generals and Emperor. As it so happens, this Decree bears Our signature and, should the Court so require and find so necessary, We would like to express Our readiness to testify to this Court the specific meaning of the content of this Decree, although We do believe it is laid down in clear and unambiguous language.

Your Honour, last but not least is the final part, namely the appointment. We hold that the Frenzy and the Chancellor, either solely or jointly, hold no power to appoint individuals or bodies to offices within or in charge of the NAF, as these rest with the Emperor and Defense Secretary. The Frenzy and Chancellor have no powers to delegate, and therefore no powers to grant to a Marshal.

On this basis, Your Honour, We respectfully make Our submission to this Court, and ask that the Resolution in question be declared to be null and void in its entirety.
His Imperial Highness Prince Zakyyr Angus-Moonoak Ayreon-Kalirion of Waffel-Paine KBH

Tsar of The Royal Tsardom of The Marches and The Princely Isle
Metrobosarch of Vey
Lord Triumphant in All Four Quarters
Prince of Natopia
Duke of Haven
Marquis of Klaasiya
Count of Andiopolis

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Re: Trial: Lord Zakyr v Frenzy

Post by King Noah » Tue Nov 14, 2017 10:51 am

The Court thanks the Petitioner for zir submission and invites Respondent to submit zir response within the next 72 Gregorian hours.
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
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Re: Trial: Lord Zakyr v Frenzy

Post by Joshua St Endellion » Tue Nov 14, 2017 11:28 am

Your Honour

As the Chancellor of the Empire, I am the president of the Frenzy, and it is therefore my duty to defend and represent the actions of the Frenzy. It is a pleasure and a privilege heeding to your Honour's wisdom.

The facts are as follows:

The Emperor is absent, having not been seen since 26 October.

The Defence Secretary, Marco Lungo, is absent, having not been seen since 19 October.

The Regent, Christophos Eucalyptos, is absent, having not been seen since 26 October.

The Chancellery has repeatedly attempted to contact the Emperor, Defence Secretary and the Regent, without success.

That way, all of the Emperor’s side of the constition is absent from work. Meanwhile, the Jing have declared war on us.

Accordingly, the Frenzy decided to act. The Frenzy is the highest legislative organ of the Empire, but it cannot amend the Caprine Code without the Emperor’s assent (Section 3, 5.1). But the Emperor, and the Emperor’s regent both being absent, the Frenzy could not have amended any of the laws the petitioner has alleged that the Frenzy has broken. And the resolution named is intended to be temporary, until the Frenzy resolves otherwise, i.e. when the Imperial Power is able to do its part in defending the Empire and its people. When either the Emperor, Regent or the Defence Secretary hs returned.

But it is the duty of all Natopian institutions to preserve, protect and defend Natopia. This is our formost duty. For without defence, there would be no Natopian laws for us to discuss, to petition redress for, for any kind of court to be sitting here, for we would be slaves under the Jing.

It is the duty of this Court to uphold the defence of the Empire. If the Court rules that the defence of the empire is to be impossible due to the absence of the child-Emperor and his underlings, then truly a great blow will have hit the independence and dignity of the Natopian Nation.

What should the Frenzy have done? It had been paralysed by the Emperor’s and his underlings’ actions. What would the Court recommend? How should we have preserved the defence, independence and integrity of the Natopian Nation when the enemy is approaching our borders, knocking on our door? Simply wait for the constitutional order to do its way while thousands die in our border communities? Simply say “no we can’t do anything, it’s the emperor’s job, but the emperor isn’t here, so that sucks”?

No.

I was not elected Chancellor to see my people suffer due to the incompetence of a child emperor and his decisions. I was not elected Chancellor to wait for imperial action when no such action would arrive.

I was elected Chancellor to preserve, protect and defend the Natopian People and their independence.

That is what I am doing. That is what the Frenzy is doing.

The Petitioner is asking the Court to ensure the collective suicide of the Natopian Nation.

And I will not have that.

Nor should the Court.
Joshua Saint Endellion
Chancellor of the Bovic Empire of the Natopian Nation

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Re: Trial: Lord Zakyr v Frenzy

Post by King Noah » Wed Nov 15, 2017 3:22 pm

The Court thanks the Respondent for zir submission and invites Petitioner to submit zir rebuttal within the next 72 Gregorian hours.
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
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Re: Trial: Lord Zakyr v Frenzy

Post by Zakyyr Angus-Moonoak » Wed Nov 15, 2017 8:11 pm

Your Honour,

We thank You for this opportunity. We also thank the Chancellor for attending, howerver disappointed We are from his speech.

Your Honour, with all Our respect for the Chancellor, with whom We were honoured to work during Our reign and for whom We hold enormous amount of gratitude for his service, but despite all this We fear he has delivered a speech more suitable for the Frenzy or the media, rather than this honourable Court.

We shall address the little mention of Natopian law during his speech - in fact, there was just one.

We disagree with the proposition that without the Emperor's presence, or that of the Regent, the Frenzy may not pass laws. We refer the Court to Section Two of the Caprine Code:
5.1 The Emperor, through the process of Granting Imperial Assent, may approve or disapprove of an Bill of the Frenzy. Only bills that receive approval through Imperial Assent shall be made into Law. Bills that do not receive the consideration of the Emperor within seven (7) days after being dispatched to the Emperor for His Assent shall be passed into Law with Imperial Assent being automatically assumed.
And while We do recognise there are improvements that can be made to our current law, and We have taken proactive approach by presenting a Bill to the Frenzy, the argument that the Frenzy could not have amended the law, should it had so desired, We consider to be untrue and invalid and ask the Court to do the same.

Your Honour,
We shall not engage in a political discussion within the boundaries of this great building. We shall ask this Court to uphold the law. Considering the developments made since Our initial submission, should the Court find the current Frenzy resolution to be illegal and therefore null and void, We also do ask the Court to specify clearly that any future such resolutions by the Frenzy, including such currently on its floor, be automatically declared null and void. The Frenzy cannot, and should not, attempt to bypass the rule of law and the rulings of this honourable Court by merely adopting another resolution with the same effect.

Your Honour, We rest in the knowledge that this Court will protect our Natopian Nation by ensuring that it is governed by the rule of the law above all else.
His Imperial Highness Prince Zakyyr Angus-Moonoak Ayreon-Kalirion of Waffel-Paine KBH

Tsar of The Royal Tsardom of The Marches and The Princely Isle
Metrobosarch of Vey
Lord Triumphant in All Four Quarters
Prince of Natopia
Duke of Haven
Marquis of Klaasiya
Count of Andiopolis

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Re: Trial: Lord Zakyr v Frenzy

Post by King Noah » Fri Nov 17, 2017 9:34 am

The Court thanks the Petitioner for zir rebuttal and invites Respondent to submit zir rebuttal within the next 72 Gregorian hours.
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
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Re: Trial: Lord Zakyr v Frenzy

Post by Joshua St Endellion » Sat Nov 18, 2017 2:50 pm

Your Honour

The Petitioner is disappointed by my speech – my role here is to defend the actions of the Frenzy, as I am the representative of the Frenzy. I can only do as commanded by the Frenzy. The Frenzy has made that resolution, and accordingly, it is my duty to defend it. I regret that my performing of my duties, my defending of the Frenzy, disappoints him. I hope nonetheless that the Court will see that I am performing my duties here.

The matter is very simple. The Frenzy attempted to make provisions for an immediate defence of the Empire amid the Jingdaoese declaration of resumption of hostilities. Waiting 7 days for automatic assent would mean 24 hours for debate, another 72 hours for voting, and thereafter 7 days (all in Gregorian reckoning). That would be 10 days without a defence.

Of course, the Petitioner here has already achieved that desired outcome, that we must wait for an excrutiating amount of time to simply be able to coordinate our defence. Because by his actions here, he has delayed the defence of the Empire to an even longer position. If people die from this, I hope the Petitioner understands that the People will judge him for that. Their blood will be on his conscience.

The facts remain that we are unable to organize our defence. The delays, the excruciation here, are threatening the independence of the Empire. That too is on the Petitioner's conscience.

Whatever the Court decides will not matter for the defence – as the delays have already been made, and we are unable to engage in a proper defence either way, due to the Petitioner's actions. But I hope the Court will understand the Frenzy's motivations for swift and speedy action when no other action was available.

When there is a threat, surely that must trump the bureaucratic tangles?

If not, what is the purpose of our government, if we cannot even protect our people because of the bureaucratic mess we've tangled ourselves up in?

Make that a precedent in this Court – that when there is an imminent threat, some laws may be put aside to protect lives and the independence of our empire. For example, if there is a fire in a house, I will commit a crime by entering the property without authorization, breaking into the house by slashing the doors and windows – but I am saving the lifes of those trapped in the house. The same principle applies here:

Natopia is the house, and we have an absent landlord (the emperor, regent and secretary of defence). Jingdao is the fire. Of course, I will slash and break in to save the people trapped. I will have trespassed, I will have broken into the house without authorization, simply to save lives. Or should I wait for the absent landlord to reappear and get me the proper permission to enter the house and save lives? Or should I wait for the 7 days wait that would allow me to go into the house without damnation from Lord Zakyyr?

No, I enter the house willingly, I will break down the doors and windows and walls if that means that lives, trapped in the fire, can be saved.

If the Court agrees that by breaking into a burning house to save the people trapped inside the burning house is legitimate, then it follows that the Frenzy's action, necessary by the immediacy of the events, evidenced by the ongoing hostilities involving our forces who are unable to coordinate the defence, is legal.
Joshua Saint Endellion
Chancellor of the Bovic Empire of the Natopian Nation

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Re: Trial: Lord Zakyr v Frenzy

Post by King Noah » Tue Nov 21, 2017 11:14 am

The Court thanks Respondent for zir rebuttal and allows both Petitioner and Respondent alike to make a final statement on the matter before the Court within the next 72 Gregorian hours. Each of them may also choose for zirself to waive aforesaid permittance by advising the Court that zie does so.

Subsequent to the elapse of the aforesaid 72 Gregorian hours - or after receiving word from the Parties to this Trial, whatever may be sooner - the Court will withdraw to Chambers for deliberations.
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
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Re: Trial: Lord Zakyr v Frenzy

Post by Joshua St Endellion » Tue Nov 21, 2017 5:58 pm

Nothing further, your Honour.
Joshua Saint Endellion
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Re: Trial: Lord Zakyr v Frenzy

Post by Zakyyr Angus-Moonoak » Tue Nov 21, 2017 8:44 pm

Thank you, Your Honour. We have no further statements to make.
His Imperial Highness Prince Zakyyr Angus-Moonoak Ayreon-Kalirion of Waffel-Paine KBH

Tsar of The Royal Tsardom of The Marches and The Princely Isle
Metrobosarch of Vey
Lord Triumphant in All Four Quarters
Prince of Natopia
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Re: Trial: Lord Zakyr v Frenzy

Post by King Noah » Wed Nov 22, 2017 7:27 am

The Court has withdrawn to Chambers and will render a judgment within the next 72 Gregorian hours.
Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
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Re: Trial: Lord Zakyr v Frenzy

Post by King Noah » Fri Nov 24, 2017 9:43 pm

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In the Supreme Court of the Natopian Nation

IN THE SUPREME COURT OF THE NATOPIAN NATION

HIS IMPERIAL HIGHNESS LORD ZAKYYR ANGUS-MOONOAK AYREON-KALIRION OF WAFFEL-PAINE
Petitioner

V

FRENZY OF THE BOVIC EMPIRE OF THE NATOPIAN NATION
Respondent

The Court, consisting of His Majesty Noah, King of Uppland, Associate Justice to this Court, has heard the case and the arguments for it.

His Imperial Highness Ivo Angus-Moonoak of Waffel-Paine KBH COM, Prince of Natopia, Chief Justice, and Her Eminence, Kurai Darkmoon, The Timeless Shadow of Leng, Metrobosarch of Benacia, Associate Justice, took no part in the proceedings because of conflict of interest.

Findings

Earlier this year the Frenzy of the Bovic Empire of the Natopian Nation passed a certain Resolution (hereafter in this Judgment to be referred to as "the Resolution") the provisions of which:

  1. place all Natopian armed forces under the command of the Lady Isabella Kalirion;
  2. confer upon the Lady Isabella Kalirion the title and office of Marshal of the Empire; and
  3. stipulate that the Marshal of the Empire is to answer to the Chancellor and the Frenzy.
The Caprine Code, however, through the clause 5 of its Fourth Section - which is a Constitutional Section of the Caprine Code - provides clearly that the Emperor is commander-in-chief of the Natopian armed forces, bearing the traditional title of Grand Commander of the Natopian Defense Force. In addition has it been laid down in clause 5.1 of the Fourth Section of the Caprine Code that the Emperor, or his Secretary for Defense, performs day-to-day such operational and administrative duties as are necessary to maintain the armed forces of Natopia.

The placing of all Natopian armed forces under the command of the Lady Isabella Kalirion by means of the Resolution is therefore in contravention of the Caprine Code for the command and control of the Natopian armed forces belongs to the Emperor, who is at the apex of the established chain of command.

Likewise is the conferment upon the Lady Isabella Kalirion of the title and office of Marshal of the Empire in contravention of the Caprine Code for the conferment of military titles, offices and ranks with regard to the Natopian armed forces is an administrative duty appertaining to the Emperor, or zir Secretary for Defense, with administrative actions of the former naturally taking precedence of those of the latter.

Last but not least is it stipulated by the Resolution that the Marshal of the Empire is to answer to the Chancellor and the Frenzy, which is in contravention of the chain of command established by the Caprine Code, which has the Emperor at its apex.

The Court would furthermore like to note that the Caprine Code explicitely provides, through clause 10 of its First Section - which also is a Constitutional Section of the Caprine Code - that where the law is clear and free from all ambiguity, the letter of the law may not be disregarded, under the pretext of fulfilling the spirit thereof.[/justify]

Ruling

In accordance with its findings the Court rules that the Resolution is unconstitutional, null and void.

The Court hereby issues a permanent injunction against the implementation of the Resolution.

Done at the Palace of Law, in Lindström, this twenty-fourth day of Konil of the year sixteen and hundred and fifty.

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Thorstein Noah Hallbjörns- og Esthersson of the Houses of Waffel-Paine‎‎, of Ayreon-Kalirion, and of the Descendants of Freyja
King of Elwynn
Prince of Natopia
Jarl and Grand Elector of Jorvik

Joshua St Endellion
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Re: Trial: Lord Zakyr v Frenzy

Post by Joshua St Endellion » Fri Nov 24, 2017 10:44 pm

*bows to the court*
Joshua Saint Endellion
Chancellor of the Bovic Empire of the Natopian Nation

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