Request to overturn an act

[Ari Rahikkala]

I request that the Economy Second Half Bill 3279 be overturned as it violates the equality of the Duchies under Imperial Charter IV. C.. I do not give my consent to this act, therefore it does not have the consent of all of the dukes concerned.

[Kaiser Reynardine I]

Hmm....I predict a very short reign for poor Reynardine I...

*grabs popcorn and a seat with a good view*

...wait a sec...

[Malliki]

1. The Imperial Charter, Article III, Section B states that the Arbiter may overturn any act or resolution of the Landsraad that is deemed to be in violation of the Charter. This includes amendments to the Landsraad Procedures, since they are a resolution of the Landsraad as well as prohibited from violating the Charter. Therefore, the Imperial Judex accepts jurisdiction in this case.

2. With the passing of Imperial Decree 337 all dukes and duchies are now to be considered as equals amongst themselves. The terms "equal" and "equality" are used, but they are never defined. With this lack of definition, this Court must define the term. For simplicity, I define equality in this case as "the concept that all dukes and duchies are to be awarded the same influence, standing and treatment". I believe that this definition can be widely accepted.

3. The petitioner questions the legality of the Economy Second Half Bill 3279 on the grounds that it violates the Charter, Article IV, Section C. The section reads:

All Dukes and Duchies are equal under the Kaiser. No Duke or Duchy shall be deprived of it's equality without the consent of the Kaiser, the Duke of the Duchy concerned, and the Landsraad.

The Economy Second Half Bill 3279 in short introduced the current voting system in the Landsraad, where the amount of Erb each Duchy holds directly decides that Duchy's voting power in the Landsraad. The petitioner argues that he does not support the act and it should therefore be repealed. This is, however, not possible. The act was passed in full accordance with the laws active at that time, and cannot therefore be repealed solely because the petitioner, though a duke, disagrees with it now. The passage of an act or resolution cannot be overturned in this way.

4. A different question comes to mind though. Does the Economy Second Half Bill 3279 violate the Charter as it stands now? The Charter allows the Arbiter the power of overturning any act or resolution of the Landsraad that violates the Charter.

5. The Charter states that all dukes and duchies are equal. The current Procedures of the Landsraad states that each Duchy's vote is decided by the amount of Erb that duchy holds at any given time. This could lead to one Duchy have more voting power than all other Duchies together, and does today lead to small differences in the voting power of the duchies. This is in direct violation of the principle of duchy equality set down in the Imperial Charter.

6. Therefore, it is the ruling of the Imperial Judex that the following sections of the Procedures of the Landsraad are in violation of the Imperial Charter, Article IV, Section C, and therefore immediately declared null and void:
3. A. 2
3. A. 3
3. A. 4
3. A. 5
3. B. 1

7. This ruling may be appealed to the Kaiser within seven (7) days, and heard at his pleasure. A Pone to that effect must be posted at the Kaiser's Court.

[b3n|<3r|\|]

All Dukes and Duchies are equal, but the Charter says nothing about the voting powers of Dukes. Me and my brother are equal, and he can vote in General Elections and I can't.

[Erik Mortis]

We don't have general elections on Shireroth.

[Scott of Hyperborea]

More to the point, me and Bill Gates are equal, but he can buy a huge mansion and I can't. In the same way, Straylight and Brookshire can be equal while one of them can still buy more legislative clout than the other.

I request a point of clarification from the Arbiter on this matter. The Charter amendment was poorly worded, as Benkern's post and my previous paragraph pointed out. However, we know from Kaiser Loki's own words what he meant for it to mean. Does the Judex rule by intent or by literal wording?

[Malliki]

But you still have an equal vote in the voting booth. The voting system now struck down does not award the same influence to all duchies and therefore violates the Charter. The Charter is interpreted literally, as far as possible. If the former Kaiser meant something else, he should have written his amendment in an unambiguous way.

[Jacobus Loki]

Equality does not mean unanimity.

[Malliki]

Equality does not mean unanimity.

That is not my argument. My interpretation of the amendment is that it requires an equal voice in the Landsraad.

[Jacobus Loki]

I'm not arguing with you. I'm arguing with the idea that the law should be overturned because the vote was not unanimous.

Your interpretation on that point is correct.

[Malliki]

Well me.

[Jacobus Loki]

!