Opinion of the Court: Review on the Relationship of the Royal Duma and Haeseni Royal Army, 344 ES

[Piov 2431]

AULIC COURT OF THE KINGDOM OF HANSETI-RUSKA

REVIEW ON THE RELATIONSHIP OF THE ROYAL DUMA AND HAESENI ROYAL ARMY



11 Snow’s Maiden, 344 E.S.

 

---

Jovenaars
Sir Sigmar Baruch 

Ms. Reza B. Gynsburg
Mr. Otto Wittenbach

MAJORITY: Gynsburg, joined by Baruch and Wittenbach
CONCURRENCE:
DISSENT:
 

 

Exposition
 

The WYCAZ VA VE DUMA I KOENG JOSEF, or JOSEFIAN REFORMS OF THE ROYAL DUMA were instituted to further enumerate the powers, obligations, and responsibilities of the Royal Duma. As the preeminent legislature of the Kingdom of Hanseti-Ruska, the Royal Duma is thus charged with the adoption of law. Its members, duly elected or appointed through the authority of the Crown, are given the sacred mandate for the governance of the realm, representing the constituencies of the kingdom.

The HAURUL CAEZK enumerates the powers and legislative authority vested in the Royal Duma. Pursuant to title 212 of the law code, the powers of the Royal Duma are enshrined therein. Furthermore, the Josefian Reforms of the Royal Duma (343 ES) impose the following legislative prohibitions:

Article VII: Limitations of the Royal Duma

     7.1: The Royal Duma may not pass legislative bills regarding the operation or composition of the Haeseni Royal Army;
 

The predicament before the law concerns the relationship between the Royal Duma (and therefore the legislation passed therein) with that of the “operation” clause of the Haeseni Royal Army. A matter of legislation criminalizing a certain act by the Royal Duma obliges the Haeseni Royal Army to enforce such. This instance would violate the previous statute as imposed by the Josefian Reforms, citing Article VII: Limitations of the Royal Duma. Laws would impact the “operation” and enforcement of the Haeseni Royal Act due to a direct result of a legislative act passed by the Royal Duma. Moreover, the Aulic Court has ruled that a distinction be made regarding the Haeseni Royal Army and its institutional character. 

 

Jovenaar R.B. Gynsburg delivered the opinion of the court;
 

The Aulic Court does not presume to correct or modify the edict of limitation on the legislative powers of the Royal Duma. Rather, this review shall establish the legal parameters to which the law is defined and applied from legislation to enforcement through the Haeseni Royal Army. To rectify the discrepancy outlined, the entity of the Haeseni Royal Army must be redefined under legal statutes in relation to the legislature. In the perspective of law, the necessity for a domestic law enforcement entity and an armed force at the service of the Crown in both war and peace is indisputable. As such, it is the perspective of the court to deliver a key distinction for litigation for all soldiers and officers of the Haeseni Royal Army. The Aulic Court hereby delivers the following legal clarification regarding the relationship between the legislature and the military.

All those oathed and enlisted as officers and soldiers of the Haeseni Royal Army must assume two occupational roles in their legal personality within the kingdom. Here, we shall define these two roles as law enforcers and as military personnel. There is a separation that must be made toward the Haeseni Royal Army as a sphere of domestic policing independent from acting as the Crown's military. As such, the Royal Duma legislates on the operational role of the Haeseni Royal Army as an enforcement entity in the execution of law and in the safeguarding of public safety. Therefore, the Royal Duma and the legislation enshrined therein does not impact the operational character of military affairs, nor does legislation impact the commissioning of officers or enable the power of declaring war to the Royal Duma as a means to enforce criminal law. The legislative process applies as domestic law enforcers toward the Haeseni Royal Army, and does not impede the “operation or composition” of the Haeseni Royal Army in its military capacity at the service of the Crown. The military is beholden solely to the Crown and its designated authorities.

 

It is so ordered.