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[Court Decree] Ex Parte Yfirkonungur Valaheim 19


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BY THE MAGISTRATES' TRIBUNAL OF THE COURT OF THE REALM
 
IN THE CASE
 
Ex Parte Yfirkonungur Valaheim 19
 
A Decree of Governance Exemption
 
(16 Valaheim 19)
 

Regency!

In many a micronation a Regency is a perilous period in which the citizenry is at serious risk of becoming the subject of various kinds of tyranny. Within the borders of the High Realm of Stormark, however, it is just little more than government business going on as usual - as it should be in this country of calm of and good living - with the main difference being only that someone else than the High King himself is issuing Imperial Instruments and signing Bills into the Law of the Land.

The current Regent has during this present period of Regency always remained admirably well within her constitutionally (the High Law of the High Realm of Stormark) and fundamental law (the Law of Ettlingar Freyu) mandated purview, and she'd better remain in such legal line or feel this whip of mine since this Court pursues a zero tolerance policy against any Regent, or any wielder of the powers of the Imperial Longships Throne for that matter, who oversteps zir authority and takes the Longship of State off its righteous course of rule of law, respect for sapient rights and liberties, and good government, turning it into a ship of pestilence. The Court's heat-ray of justice shall, however, pierce such ship of pestilence's deck, reducing it to a sinking wreck. Yes, the genuine, loyal and bonafide Patricians and Citizens of the Lands of the Longships Throne can rest assured: any of them can always turn to these Law Chambers for deliverance of such evil.

Ever since the, now longtime repealed, Imperial Regent (Limitations) Act of 2005 Althingi Law has imposed various restrictions upon the Regent and very rightfully so; an overambitious, compromised, or out of control Regent can do severe, often irrepairable, damage to a country like reducing its monarch from a constitutional mogul to a constitutional moron or otherwise turning the country upside down, with the direst of consequences. This is especially the case in a State like the Twenty-Six Jarldoms where the powers and prerogatives of the High King are considerable. 

In present-day Stormark such restrictions have been imposed upon the Regent by the Article Sex of the Syvende Kapittel of a Fundamental Law of the Twenty-Six Jarldoms which is styled the Law of Ettlingar Freyu. This Article provides that the Regent may not exercise the powers he or she is prohibited from exercising by either the Law of Ettlingar Freyu, the Laws of the High Realm or directives and instructions that the High King or High Queen may leave the said Regent by Imperial Instrument. Article Sex of this Fundamental Law also specifies a number of acts which are prohibited to the Regent: granting the Imperial Assent to any Bill amending the High Law or the Law of Ettlingar Freyu unless instructed otherwise by Imperial Instrument left by the High King or High Queen, declaring himself or herself or any other person High King or High Queen, declaring that the High King or High Queen has abdicated or refused the Throne, and making any changes to the Line of Succession to the Imperial Longships Throne.

It is such an Imperial Instrument, issued by the High King under the Articles Fimm and Sex of the Syvende Kapittel of the Law of Ettlingar Freyu, which has brought His Imperial and Royal Majesty to these Law Chambers, midst a Regency which has been ongoing since the Eleventh Day of the Month Bilskirnir in the Eighteenth Year of the Second Viking Age in the Second Epoch of the High Realm. In particular has His Imperial and Royal Majesty's coming to this Court been prompted by the matter of the Regent being legally barred from granting the Imperial Assent to the Treaty of the Northern Hereditary Lands (Ratification) Bill as a consequence of the Article Þrjár of the Instrument of Regency of 11 Bilskirnir 18, filing a Petition requesting the suspension of Article Þrjár of the said Imperial Instrument. 

An Instrument of Regency is a non-granting, prerogative absolute Imperial Instrument; it is in addition also sacrosant to any Regent. Such type of Imperial Instrument can be issued and revoked at pleasure by the High King. There is ample precedent for senior Law Courts of the Lands of the Longships Throne, such as the Fimmtardómur, from days past suspending, at the request of the Sovereign Lord of Stormark, (portions of) non-granting, prerogative absolute Imperial Instruments for lawful reasons of public policy which to His Imperial and Royal Majesty seem sufficient and the Court deems that it is still within its authority to do so. For the sake of the sanctity of the Regency is this prerogative of the High King only to be used infrequently. With regard to Instruments of Regency, moreover, does the Court declare that the said prerogative appertains sole and exclusively to the High King and it is hereby expressly denied to the Regent since allowing such prerogative to a Regent would be utterly inconsistent with the concept of Regency limitations under the Law of the Land. 

Now therefore, this Court, having considered the matter before it and the evidence it came across in the Judicial Archives, hereby finds in favour of Petitioner on all counts of his Petition and in consequence thereof declares, orders and rules as follows:

Firstly, that the Article Þrjár of the Instrument of Regency which was issued by His Imperial and Royal Majesty the High King on the Eleventh Day of the Month Bilskirnir in the Eighteenth Year of the Second Viking Age in the Second Epoch of the High Realm is hereby put in a state of suspension and shall remain so until such time that these Law Chambers terminate the said state of suspension upon the Petition of His Imperial and Royal Majesty the High King.

Secondly, that the suspension of Article Þrjár of the Instrument of Regency of 11 Bilskirnir 18 put into place by this Court through this Decree of Governance Exemption shall naturally expire in the event that the Regency which commenced on the Eleventh Day of the Month Bilskirnir in the Eighteenth Year of the Second Viking Age in the Second Epoch of the High Realm is ended in accordance with the Law of the Lands of the Longships Throne. 

 

So adjudged and ordered.

 

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LANCELIN MUSGRAVE
Chief Magistrate ad hoc of the Court of the Realm

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