Miller v. IR et al.

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Miller v. IR et al.

Post by CJ Miller »

Plaintiff: CJ Miller, Nafticon, Antica (temporary residence)

Defendants: The Imperial Government
Aurangzeb Khan, The Citadel, Ardashirshahr, Shireroth

Background: The co-defendant, Aurangzeb Khan, has denied me citizenship when I go through the formal channels to apply therefor. However, His Niftiness the Kaiser (and co-defendant) has granted me citizenship via Imperial Deecree #456, which remains in force due to the fact that the Charter does not grant the Kaiser the power to repeal any decree or law made thereby without promulgating a new decree to such an effect. Therefore, Mr Khan is taking an action that violates the Charter and an Imperial Decree of the Kaiser, which is illegal under Section II(A)(c) of the Imperial Charter; and furthermore is assuming authority over that of the Kaiser, which is in violation of Section II(A)(d) of the Imperial Charter. Said sections extend to ministers since they are delegated certain powers by the Kaiser and are confirmed by the Landsraad.

Laws Violated: Imperial Deecree #456, Charter Sections I(B)(a-b) and II(A)(c-d)

Evidence: Imperial Deecree #456, Application for citizenship in Shireroth

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Malliki Tosha
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Re: Miller v The Kaiser et al.

Post by Malliki Tosha »

Mr. Miller,

I will adjust the list of defendants to read as follows:
Defendants: The Imperial Government
Aurangzeb Khan, The Citadel, Ardashirshahr, Shireroth

As the Kaiser is the supreme judicial power in the Republic, I cannot hear a case against him.

I will now allow a representative of the Imperial Government to appear before the Court, as well as the esteemed Minister of Immigration and Naturalization.

I will also hear Amicus Curiae briefs from any person willing to file one. To save you some reading, here is a summary of what Amicus Curiae means:

"Amicus curiae or amicus curiæ (plural amici curiae) is a legal Latin phrase, literally translated as "friend of the court", that refers to someone, not a party to a case, who volunteers to offer information on a point of law or some other aspect of the case to assist the court in deciding a matter before it."

By definition, an amicus curiae brief cannot be filed by a party in this case.

I wish to hear from the parties and such within 48 hours preferably. This is however up for discussion, of course.
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Kaiser Mors VI
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Re: Miller v The Kaiser et al.

Post by Kaiser Mors VI »

'Inperial Deecree #456' was an April Fools Day joke, in bad taste. It was not a valid decree. Miller, I'm sorry.

Imperial Decree #456 was in fact this one: http://shireroth.org/forum/viewtopic.php?f=3&t=13204
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Re: Miller v The Kaiser et al.

Post by Malliki Tosha »

I thank His Niftiness for his clarification of the status of Inperial Deecree #456.
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Re: Miller v Imperial Government et al.

Post by Harvey Steffke »

Vaguely related, but what are the proper channels for getting someone banned from the forum?

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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

I have the power to banish an individual, which is a time limited ban. Exile may only be ordered by the Kaiser, which is a permanent ban. If a case were brought against an individual, I would recommend that the issue was brought to me first, but there is nothing barring a direct plea to the Kaiser. The issue could be a breach of a specific law, or that a person is being a complete asshat.
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Re: Miller v Imperial Government et al.

Post by Aurangzeb Khan »

Lord Arbiter,

I hope that I am not submitting this statement out of turn but the policy of my Ministry with regards to Mr Miller has been set out in accordance with the decision of the Landsraad which resolved, as of the 3rd of May to deny Mr Miller's application. I should further note that the votes cast were unanimous.

The Kaiser has already clarified in this thread that 'Inperial Deecree #456' is not a valid executive order and it is not therefore binding on the Imperial Government to uphold its provisions. The question regarding the Charter is not a valid one when taken in that light.

In short I would hold that the Ministry of Immigration And Naturalization has acted without malice but in accordance with the wishes of the Imperial Government, whose policy has been set by a resolution of the Landsraad. I would further note that the Kaiser saw fit to refer the decision to the Landsraad so as to afford it sufficient legitimacy to be a binding decision. I hold until told otherwise by a competent authority that the decision of the Landsraad was binding and does not need to be revisited each time Mr Miller submits and application.
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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

Mr. Minister,

there is no specific order of statements here, your statement is perfectly in order.
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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

I now invite Mr. Miller to reply to the Khan's and His Niftiness statements here. There is also still time to submit amicus curiae brief if anyone feels up for it.
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CJ Miller
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Re: Miller v Imperial Government et al.

Post by CJ Miller »

Lord Arbiter,

The Landsraad had no authority to deny me citizenship, as despite His Niftiness' statements to the contrary, Imperial Deecree #456 is a valid proclamation of the Imperial Government and, therefore, any attempt to deny me citizenship is a direct violation of the Kaiser's wishes and of the Imperial Chater.

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Re: Miller v Imperial Government et al.

Post by Kaiser Mors VI »

Since someone is trying to declare what is an isn't MY words. I state again. ''Inperial Deecree #456' was not a valid Decree. Note the spelling if nothing else. There is no such instruments as an "Inperial Deecree". An Imperial Decree is a valid instrument of state. And one of that number was made shortly after, further reforming the Succession system, for when an heir is not decreed.

Don't tell me that something is a "direct violation" of my own wishes, when you obviously desire to ignore MY wishes on the matter.

And, by your arguments, with 'Inperial Deecree #456' being a 'Valid Proclamation' by myself, it has no legally binding power, as Proclamations are not legally binding, as outlined in the Decreebook.

I will speak no further on the matter of 'Inperial Deecree #456'.
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Re: Miller v Imperial Government et al.

Post by phineas elastopon »

Amicus curiae!

This thread makes my inner lawyer shudder with fright.
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Malliki Tosha
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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

Was that an amicus curiae brief then, Ben? :p

I request from all parties to keep the tone civil and respectful.
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Re: Miller v Imperial Government et al.

Post by Harvey Steffke »

My amicus curiae brief is mostly just the fact that I (and you, for that matter) have talked to Mr. Miller in the chat enough times to know I don't want anything to do with him.

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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

Well, at least it was brief. :p

(I'm laughing myself senseless...)
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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

The time limit for submitting amicus curiae briefs ends in five hours. I will allow the parties to make their closing arguments now, or to rest their case completely. After that, I will move to conclusion.
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Re: Miller v Imperial Government et al.

Post by Jacobus Loki »

Amicus-

May it Please the Court,

How can one logically bemoan the fading of the community and keep out one of its most active de facto members?

Yes, he can be obnoxious. So can I. So can Mike. So can Erik on a bad day.

Communities are composed of all types of people, and a lot of the work is in tolerating, including, or ignoring the people we don't like.

Shireroth should not be exclusionist. Shireroth cannot afford to be in this day and age. We have all seen MNs that became games of "who can we drive off, who will be the last -------- standing?

In that way lies shrinkage, evaporation and death.

Do-dah.

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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

Thank you Mr. Loki for your statement in this case.
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Re: Miller v Imperial Government et al.

Post by Jacobus Loki »

You are welcome.
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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

So, time on the A word.

I invite the parties to close, or waive closing, within 24 hours.
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Re: Miller v Imperial Government et al.

Post by Aurangzeb Khan »

Lord Arbiter,

If it pleases the court I have no further substantive comments to make in relation to this case since there is nothing in Mr Miller's reply has not already been answered by either myself or the Kaiser.
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Re: Miller v Imperial Government et al.

Post by CJ Miller »

Lord Arbiter,

The plaintiff rests.

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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

I thank the Plaintiff and Defendants. Since His Niftiness earlier stated that he would comment no further in this matter, I will consider him to be resting as well.

The Judex will now deliberate and will shortly deliver a resolution to this case.
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Re: Miller v Imperial Government et al.

Post by Malliki Tosha »

Findings of the Imperial Judex

in

Miller v. IR et al. (IJ-3938-T1-A)

Plaintiff
  • CJ Miller
Defendants
  • The Imperial Republic
  • Mr. Aurangzeb Khan, Minister of Immigration and Naturalization, Ardashirshahr, Shireroth
Presentation and rebuttal
Background
CJ Miller is an individual who has applied for Shirerithian citizenship on several occasions, all of which have been denied. The reason behind this is primarily several remarks made by Mr. Miller on #micronations that were perceived by several Shirerithian citizens as well as others as offensive. Mr. Miller applied for citizenship, only to have it referred to the Kaiser and by His Niftiness to the Landsraad, which proceeded to deny the application. Mr. Miller then attempted to apply for citizenship again on May 18th, 2010, and was subsequently denied citizenship by the Minister of Immigration and Naturalization, Mr. Aurangzeb Khan. Mr. Miller then appealed the decision by the Minister to the Imperial Judex.

Plaintiff's Case
Mr. Miller argues that since His Niftiness Kaiser Mors VI issued an "Inperial Deecree #456", the action by the Minister was illegal since "Inperial Deecree #456" according to Mr. Miller is a valid imperial decree granting him Shirerithian citizenship. Mr. Miller holds that the Imperial Charter does not allow the Kaiser to repeal decrees without issuing a new decree, and since that has not been done, Mr. Miller holds that "Inperial Deecree #456" is indeed valid. As a consequence of this, he holds that the Minister is in violation of the Charter and an Imperial Decree, which is illegal under the Charter, specifically IC, II, A, c (which deals with the powers of the Landsraad actually). Mr. Miller also holds that the Minister by taking this action is assuming authority over the Kaiser, which is in violation of IC, II, A, d (which also deals with the Landsraad, as well as bodies created by the Landsraad). Mr. Miller holds that this section applies to Ministers since they, according to Mr. Miller, hold their power by delegation from the Kaiser and are confirmed by the Landsraad.

In summary, Mr. Miller holds that the defendants have violated "Inperial Deecree #456", and, as a consequence thereof, sections IC, I, B, a-b and IC, II, A, c-d of the Imperial Charter as well.

Defendants' Reply
His Niftiness Kaiser Mors VI, appearing for the Imperial Government, claimed that "Inperial Deecree #456" was an April Fool's joke, and therefore not a valid decree.

Minister Khan then proceeded to motivate and defend his actions. He holds that the policy of the Ministry of Immigration and Naturalization is to deny citizenship to Mr. Miller on account of the resolution in the Landsraad denying Mr. Miller citizenship. He also holds that since the Kaiser has stated that "Inperial Deecree #456" is not a valid decree, the Ministry is not bound by its provisions. He concludes his statement with maintaining that the Landsraad decision is binding on his office until a competent authority declares otherwise.

After the submission by the Minister, Mr. Miller replied that "Inperial Deecree #456" was indeed a valid "proclamation" of the government and therefore any attempt to violate it, i.e. not grant Mr. Miller citizenship, was in direct violation of the Kaiser's wishes and the Charter. His Niftiness Kaiser Mors VI replied to this by holding that "Inperial Deecree #456" was indeed not a valid decree, since it was not called an "Imperial Decree", which is a valid instrument of state. He then proceeded to hold that even if "Inperial Deecree #456" was valid, Mr. Miller himself called the "Deecree" a "Proclamation", which is not a legally binding document.

Opinion of the Judex
"Inperial Deecree #456"
All of the Plaintiff's case hinges on the famous "Inperial Deecree #456: New Kiaser", issued by His Niftiness Kaiser Mors VI on April 1st, 2010. Mr. Miller maintains that it is a valid imperial decree granting him Shirerithian citizenship. The question the Judex asks itself is whether or not it is. If it is, Mr. Miller should be granted Shirerithian citizenship. If it isn't, the actions of the MiniImNat are both legal and in line with his duties as Minister.

The power of the Kaiser to issue Imperial Decrees is laid down in IC, I, B, b of the Imperial Charter, reading as follows:
b. The Kaiser may make any decree regarding the operation, behavior, functions and policy of Shireroth, as well as any actions zie deems fit, as long as they do not violate this Charter.
This provision establishes two main powers of the Kaiser. The first is that zie may issue decrees regarding the "operation, behavior, functions and policy of Shireroth". The second is that zie may make any actions zie deems fit, as long as none of this is in violation of the Charter. In this single sentence provision of the Charter lies a great deal of the Kaiser's power. How do we then establish what is and what isn't an Imperial Decree? Tradition holds that the Kaiser issues Imperial Decrees in the "Kaiser's Court" board on the Shirerithian forum. They are in the format "Imperial Decree #XXX". "Inperial Deecree #456" was indeed issued in the Kaiser's Court, but is it therefore an Imperial Decree? The spelling in the title is not essential, but does carry some weight. The post does say that Mr. Miller is granted Shirerithian citizenship and is appointed "Kiaser", but the post is also full of spelling mistakes and questionable statements regarding former Kaiseress Aure, and the whole thing ends with a sentence where if you take the first letters of the words in it, it spells "Aprilfool". The Kaiser has also stated on numerous occasions that it was an April fools joke.

Is this then enough to disqualify it as an Imperial Decree? It is the opinion of the Judex that it is. The Charter is silent on the issue of how an Imperial Decree should be formatted, so it is technically possible to name a statement "Green Chicken" and hold it as a valid Imperial Decree, provided that the content somehow implies that it is an Imperial Decree, and that it was the intent of the Kaiser that it should be an Imperial Decree. The Charter does after all grant the Kaiser power to "make any decree" as well as "any action zie deems fit" as long as it doesn't violate the Charter. This includes the power to declare any statement to be an Imperial Decree, as well as the power to declare any statement, including valid Imperial Decrees, to not be Imperial Decrees. Mr. Miller maintained that the Kaiser has to issue an Imperial Decree to repeal an Imperial Decree, but there is no such requirement in the Charter. It is ultimately the Kaiser and his intent that decides what is and what is not an Imperial Decree.

Violation of IC, I, B, a-b
Since "Inperial Deecree #456" was not a valid Imperial Decree, neither of the Defendants have violated this provision of the Charter.

Violation of IC, II, A, c-d
This section is not applicable in this case since it does not apply to Ministers. Subsection c applies only to the Landsraad, and subsection d applies to the Landsraad and "any body it creates". Ministers and Ministries derive their legal authority from IC, I, B, d: "The Kaiser may delegate zir powers to lesser officials known as Ministers". Ministries and Ministers derive their authority directly from the Kaiser and are therefore not bodies created by the Landsraad. The provisions in the LawBook regarding the operation of the Ministries are issued by the Landsraad, but only in its role as secondary legislator, not as the body from which the Ministries ultimately derive their authority.

Actions of the MiniImNat
Since the Judex holds that "Inperial Deecree #456" is not a valid Imperial Decree, the issue of whether or not the Minister was in violation of it and/or the Charter is mute.

Conclusion and Orders of the Judex
Conclusion
The Judex has established that "Inperial Deecree #456" is not a valid Imperial Decree. Therefore, the case of the Plaintiff fails due to there being no basis for the claim against the Defendants. Since the Plaintiff based his case solely on the claim that "Inperial Deecree #456" was valid, the Judex will not address any other legal issues regarding this case.

For the record, it is the firm belief of the Judex that the Plaintiff has no legal case whatsoever regarding the issue of citizenship.

Any decision to alter the position of the Imperial Government regarding citizenship for Mr. Miller should be based on the general sentiment towards him in the Shirerithian community. Perhaps he should be given a second chance, perhaps not. That is ultimately up to the Kaiser and the community at large to decide. I, however, see it as my duty to only look to the law when hearing and ruling on cases. I leave all other considerations to the Kaiser.

Orders
Due to decisions by the Landsraad, Kaiser and Minister of Immigration and Naturalization, and to ensure the smooth running of the Imperial Government, I issue the following orders, under the authority of IC, III, A, a:

  • 1. The Plaintiff is hereby barred from applying for citizenship in any manner in the Imperial Republic of Shireroth

  • 2. The Plaintiff is hereby barred from appearing to apply or actually applying for government positions in the Imperial Republic of Shireroth

  • 3. The Plaintiff is hereby barred from taking any other action for which Shirerithian citizenship is a requirement


Violation of any of these orders shall result in Banishment from Shireroth, according to DB, VI, A, 1, for a period of time as below:

  • Order 1. Seven (7) days
  • Order 2. Fourteen (14) days
  • Order 3. Seven (7) days


Any subsequent violation shall result in an application to the Kaiser for Exile from Shireroth, according to DB, VI, A, 2.

Final Information
Appeal
This order may be appealed to the Kaiser within seven (7) days of the timestamp on this post. However, the Kaiser may, at zir leisure, agree or deny to hear the appeal. Any decision by the Kaiser in this case is final and cannot be appealed.

Disclaimer
Nothing in this Order of the Judex is construed to imply any limit on the Kaiser's ability and power to hear and decide any issue at any time, for any reason.
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Re: Miller v Imperial Government et al.

Post by Kaiseress Anandja II »

The orders issued here are hereby vacated.
Anandja II Shika
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