powers of the steward

[Kaiser Loki III]

Re: Powers of the Steward

from the Charter, Article I, Section D-

The Steward of Shireroth shall be vested with all the Executive, Legislative and Judicial powers of the Kaiser but may not repeal or amend Imperial Decrees of the Kaiser.

My opinion is that this would not apply to a Ruling Steward, who is Kaiser in all but name, but to a Steward acting temporarily during a Kaiserial LOA.

Notice the phrase is "the Kaiser", not "any Kaiser".

This is moot now, but should be clarified for future events. Steward Corey had the support of the incoming Kaiser, but future Stewards may not be so lucky.

[Erik Mortis]

I almost got a removal vote put against me for advocating that interpretation. And the charter makes no distinction between Stewards and "Ruling Stewards". Steward is Steward.

[Oroigawa Koreyasu]

In my opinion, a Steward ruling in lieu of a crowned Kaiser should have all the powers of the Kaiser except the ability to edit the charter.

[Erik Mortis]

The fact still remains. The charter does not say that. It does not distinguish between types of Stewards.

On a personal note, I do not feel that the Steward should have that power. The Steward is a backup system, for short periods of time when there is no Kaiser. If we gave the Steward the ability to be on par with a Kaiser, what need have we of a Kaiser? If a Kaiser is gone for so long that it becomes a issue, there is tradition/precedent to declare him dead and get a new one.

If we rely to heavily on a Steward, what then of the Kaiser?

[b3n|<3r|\|]

Erik's first point is most important. IMO, "ruling Steward" is interchangeable with "Steward". We ought to clarify that too to make sure nothing goes awry in that regard. I think the Steward should be either a) appointed when the Kaiser goes on leave b) appointed when he ain't so if the Kaiser leaves for a period of time unexpectedly we've still got one. The Steward ought to have no powers unless the Kaiser is on leave. The Kaiser ought to be automatically on leave if he doesn't post for 2 weeks. Any of that in the charter? If not, "put it in! put it in!"

[Malliki]

First of all, let us look at the relevant section of the Charter:

The Steward of Shireroth shall be vested with all the Executive, Legislative and Judicial powers of the Kaiser but may not repeal or amend Imperial Decrees of the Kaiser.

Now, let us analyze the text. There is no reference to ruling Stewards or "ordinary" Stewards, therefore this applies to every person holding the office of Steward. The text further states that all executive, legislative and judicial powers belonging to the Kaiser is also vested in the person holding the office of Steward. That is pretty clear cut. The conflict concerns the final part. This part states that the person holding the office of Steward may not repeal or amend "Imperial Decrees of the Kaiser". That is a peculiar wording. Can other people than the Kaiser issue Imperial Decrees? The answer to that is yes, since the Steward is vested with the Kaiser's legislative powers. The interpretation of the Judex is that the Steward may make, repeal and amend his or her own Imperial Decrees, but may not repeal or amend Imperial Decrees of any Kaiser. The basic meaning of this cannot rely on whether "the" or "any" is used. I would also hold it as a legal principle that no one other than a Kaiser may amend or repeal decrees made by a Kaiser, and that all Kaisers past and present are regarded as superior to the Steward. There has to be a difference in status between a Steward and a Kaiser. Ruling Stewards should be a parenthesis in the history of Shireroth.

Therefore, the official ruling of the Imperial Judex is that a Steward may not amend or repeal a decree made by a Kaiser.

[Kaiser Loki III]

If not, "put it in! put it in!"

This discussion should move now to the Kaiser's Court.

[Erik Mortis]

Why? It's concluded.

[Kaiser Loki III]

As far as the Arbiter goes, it is.

We thank him for his attention to this matter.

[Malliki]

'Tis my job, your Niftiness.

[Kaiser Loki III]

And Niftily done at that!