IN SILVER RECOGNITION; re: the Golden Constitution of Haelun’or.

[MCVDK 2830]

 

IN SILVER RECOGNITION;

re: the Golden Constitution of Haelun’or.

By the hand of the Sohaer in the year 185 S.A.

 

To elLaurir, Usamea An’asul ( @Gemini ),

 

I will begin with your conclusion, for once the confusion, which your mind clearly holds, has been cleared, we may, in equal knowledge, argue the laws themselves. 

 

i. On Constitutionality

You deduce that“the current constitution issued by elHeial'thilln is unconstitutional.“

 

You discuss a constitution which does not exist; this is your error most clear. You argue laws, and laws exclusively, for a state should have laws which serves as a vade mecum of legal rights. I, alongside elHeial’thilln, have created a set of laws, dubbed, in accordance with history, ‘The Silver Law’, though they are no more beyond that. They have never been deemed, nor intended, to be a constitution; where this idea comes from escapes me. 

 

If it is your desire to discuss an actual constitution, we must look unto history to find its existence. Last time any constitution was mentioned in decree, related to the state, was in the missive created by Eledar Haler’thilln, named ‘To the Promised Uradiran Era’, though I have been unable to locate any actual constitution released by the Sohaer Uradir.  If you would then argue that any constitution signed under the Uradiran Era, and then upheld throughout the Sythaerin Era, which could be seen as an unconstitutional rule in its own right, would be invalid, I’d be inclined to agree with your stance. You will find the last recorded constitution of the state, named ‘The Blessed Silver Constitution’ and signed on the 9th of the Amber Cold in the year 132 S.A., which is a constitution that seems to have been removed from visual archives, for which reasons I am uncertain, though its intention aligns with the laws signed by elHeial’thilln, quod vide. As far as can recall, and witness through historical records, this constitution was signed beneath the Sohaeral rule of Luthien Maeyr’onn, who’s reign I am currently uneducated on. If you would then argue that this constitution is unconstitutional, due to the rule of Sohaer Maeyr’onn, which came after the Iberallan Rebellion, I’d have no counterargument, and therefore, I continued to examine earlier works.  

 

We would then fall to the next historical constitution, named ‘The Reformed Silver Constitution of Haelun’or’ and signed on the 10th of the Grand Harvest in the year 70 S.A, which has coequally been dismissed from visual archive, though I’d assume due to the creation of the above mentioned, though as above, this constitution – and seemingly the last valid constitution – echo the words of our own law; the one which you have called to question. As above, the rule of the Sohaer under which the Reformed Constitution was signed, could be called into question due to its closeness to the events of Iberallan Rebellion, and therefore, we continue to delve further back into history. 

 

Any works before the above mentioned constitution would be ‘The Iberallan Constitution’ signed on the 9th of the Snow’s Maiden in the year 90 S.A., which then turned into the Iberallan Rebellion, and I believe needs no reason for its active and continuous dismissal by the state as a whole. 

 

We’d then encounter ‘The Elervathar Constitution’ signed on the 22nd of the Grand Harvest in the year 67 S.A., which was, contradictory to the above mentioned constitution, actively dismissed by the elHeial’thilln, amongst them yourself, in the missive named ‘To Denounce a Constitution’, which then afterwards elected to install the Okarir’mali Ayliana Valwynn as Sohaer of the Silver State, leading to the Iberallan Rebellion. It could be argued, with reason found in the historical events of the Iberallen Rebellion, that the denouncement of the Elervathar Constitution is unsound, though I recognize the influence which the council had, and its sentiment at large, which is why, despite the historical events around the dismissal of the constitution, I’d be inclined to dismiss it as well. 

 

Then, after much research, we land on ‘The Silver Constitution of Haelun’or’ as signed on the 11th of Malin’s Welcome in the year 58 S.A., and shockingly its scripture is the exact same as the Blessed Silver Constitution, quod vide, which, as mentioned, echoes the sentiment of our recently signed laws. 

 

I would argue, due to the way in which the constitution is written, it allows for the state to develop its laws in more specific terms than done in the constitution. Should a law be in contradiction to the constitution itself, then they should be dismissed, though I fail to see in which areas our laws disobey the last instituted constitution of the state. If you have closer examination on the reasons in which the laws are against the last upheld constitution, then I’d be delighted to look into the idea of amendments to those laws, though without much more evidence, such seems unfeasible to do. 

 

I am not, nor have ever been, against the idea of the creation of a newer, more accurate, constitution, though as mentioned earlier, such should be carefully worked through, and then voted on by the people, rather than simply me and my council. We will work, at your behest, on a new constitution, which’ll be released for the people to vote on, when deemed finished. 

 

ii. On Book I ‘Of the Indisputable Laws’, Chap. 1 ‘Of the Obvious Laws’, Article 9 on illicit substances. 

You are correct in that alcohol will affect the mind, therein the thoughts of the mind, and thereby, if taken alone by the wording of article 9, though one must, as is the legal method, factor into the interpretation of the law, the intention behind them. It is clear, if you ask me, that the intention of article 9 is to ensure that the Blessed Citizen are unable to devolve in substances which infer a direct hindrance on the mind of the individual, therein that the Blessed Citizens should be unable to harm the mind beyond that which is socially accepted.  

 

Whereas, as you clearly display, it could be argued that alcohol takes a hold on the mind, the effects of alcohol is much lesser than that of other substances known across the realm, and the clear intention of the law is to ensure these harsher substances remain away from the hands of the Blessed Citizens. Should there, by collective argument of the people, be a desire to ban alcohol as a whole, as to ensure the minor effects of alcohol on the mind is kept from the Blessed Citizen, then this could be amended, though it is clear to me that this is not the intention of the law. 

 

Furthermore, should it be argued that the wording of the article is unsuitable, the use of illicit remains vital. Illicit is yet to be defined, as we believe the system of justice alone should define that, and therefore alcohol, which is presently deemed licit, would not be included underneath the article alone by the use of the word illicit. 

 

iii. On Book III ‘Of Citizenship and Residency’, Chap. 1 ‘Of the Organisation and Obtainment of Citizenship’, Article 5 on the oath of allegiance. 

You mention that this law “mandates that all citizens, both old and new, must recite the State of Allegiance, pledging their loyalty to the Sohaer.” Though nowhere in the law does it mention the need for old citizens to recite the oath. It is mentioned throughout Chap. 1, that on obtaining citizenship, the citizen must recite the oath. You already have it. 

 

Despite such, we largely agree with your argument, and will amend the law, so that it reflects the modern standards of Haelun’or more accurately. This’ll include amendment of the oath.

 

iv. On Book IV ‘Of Trials and Punishment’, Chap. 1 ‘Of the Silver Tribunal’, Article 3 on the summoning of elHeial’thilln and elMalauriran & Article 4 on the election of Pariran.  

On Article 3 on the summoning of elHeial’thilln and elMalauriran. 

You deduce the summons of elMalauriran is criminal, though you seem to have misunderstood the reasons for the law’s existence, and I’d like to clarify. You are within a chapter on summons to trial. These articles relate to that, and that alone. Whereas elMalauriran is culturally above anyone else but elMaheral, they are still citizens of the Silver State, and as such remains liable to trial within the Silver State. 

 

Article 3 is created as a safety measure, so that no Malaurir, due to the status which you argue they have, is summoned by anyone beneath the level of Sohaer in a criminal trial, to which the chapter of your concern relates. It does not, as I believe you have somehow deduced, relate to the duties of elMalauriran, nor the ability for elMalaurir to meet, or dismiss elMaheral. It is singularly in relation to criminal justice – when they have broken the law. 

 

On Article 4 on the summoning of elHeial’thilln and elMalauriran. 

Once more, you argue on the basis of cultural influence, yet you discuss a chapter of political relevance. Book IV is about trials and punishment. Criminal causes and criminal breaches. elOkariran was placed above elMalauriran in the order of selection, as the duty of elOkariran related more closely to the needs of the Pariran in criminal issues. elMalauriran remains higher than the standard citizen due to the influence on the culture, though this does not relate to the culture nor the influence elMalauriran has on the subject of culture. 

 

Presently, it is discussed within elHeial’thilln, if another court should be established, headed by elMaheral and elMalauriran, to judge on social issues, which is what the duties of elMalaurir entails. If you declare that elMalauriran is more equipped to judge people on issues of criminal relevance than elOkariran, then I must disagree. 

 

Lastly, elHeial’laurir does not exist, and was abolished before my rule. This is equally in discussion of reestablishment, though due to the lack of actual bloodlines present in Haelun’or, has been delayed as of right now.  

 

v. On Book V ‘Of Authority and Succession’, Chap. 1 ‘Of the Instrument and Authority of Government’, Article 1 on the Sohaer.

Here you fail to understand common sense. State is defined as a nation or territory considered as an organized political community under one government. I, the Sohaer, is the highest authority of the Silver State of Haelun’or; a nation or territory considered as an organized political community under one government. I am unable to rule on the role of the Maheral, and therefore the Maheral is simply defined in the laws, as the Maheral dictates its own role. I would be, in your words, unconstitutional, if I dictated the authority of the Maheral, and therefore I have not. 

 

On the subject of Sohaeral removal, you fail to read. Refer to chapter 2, article 4 of the same book. Whereas the removal of the Sohaer is less simple than it has been before, these measures ensure a fluid and consistent leadership of the Silver State, without removing any provisions which might aid in the removal of the Sohaer. 

 

MAEHR’SAE HIYLUN’EHYA

 

[Morigung-oog 5697]

Valindra shrugged. 

 

"As long as it is not called the Golden Constitution, it matters little to me."

[Widu 535]

18 hours ago, MCVDK said:

‘To Denounce a Constitution’

 

A pale elfess, bearing the Elervathar sigil on her dress, mused:

 

"So, the one who forcibly deposed Maheral, the Blessed Child, now preaches importance of Maheral's authority and Larihei's teachings. Well, debate is always a welcome sight."

 

18 hours ago, MCVDK said:

‘The Blessed Silver Constitution’ and signed on the 9th of the Amber Cold in the year 132 S.A., which is a constitution that seems to have been removed from visual archives, for which reasons I am uncertain, though its intention aligns with the laws signed by elHeial’thilln

 

"An elaboration on the current constitution is required. The Blessed Silver Constitution, as its two predecessors - The Reformed Silver Constitution and The Silver Constitution of Haelun'or, was based on the principles of compromise and balance between Haelunorian factions, as such its removal from the official archive is uncalled for. Yet, there were other notable constitutions, through which one might see the centuries-long struggle. The Elervathar Constitution of Haelun'or, that attempted to empower Maheral in all matters of the State, while having Sohaer as a member of elHeial'thill, which was overseen by Maheral. The Sohaeriate Constitution of the Silver State of Haelun'or, that established a dictatorial rule of Sohaer Othelu Orrar, abolishing position of Maheral, his reign became infamous for its rejection of traditions, transition to the Uthirate, and the influence of Azdrazi. The Constitution of 1774, was a republican constitution, that saw its goal in democratisation of Haelun'or through elections not only for the position of Sohaer, but for any seat in elHeial'thilln. Lastly, the first and most influential constitution since the restoration of Haelun'or from the Enclave of Fi'halen is The Elervathar Diarchy Constitution, created by the Blessed Diarchy of Sohaer Dimaethor and Maheral Iaria Elervathar. While their reign was long and successful, given the personalistic and charismatic nature of the Diarchy rule, its recurrence is unlikely. Hopefully, the lesson of conflict between Diarchists, Republicanists, Sohaerists and Maheralists made it clear that the current balanced choice of The Blessed Silver Constitution is correct."