11-30-2006, 01:03 AM
BERGEN
CHRISTOPHER MCQUEENY,
Plaintiff
v.
THE DUKE OF GUELPH,
Defendant
{CIVIL ACTION NO. 1}
1. The plaintiff, Christopher Livingston, resides in Emden. The defendant, the Duke of Guelph, resides in Athenoi.
2. This case falls under the jurisdiction of the Court of the King’s Bench as per the Constitution Act 2006, Subsection 3D, which states that, “The judicial power of the Kingdom shall be vested in the King, exercising it in the Court of the King's Bench.”
3. Mr. Livingston alleges that the defendant has violated the Constitution Act, Subsection 1C. The defendant, Hanover’s Lord High Chancellor, issued Letters Patent for His Majesty on November 29, 2006, appointing Sir Carson Smith and Mr. John Harvey to the respective offices of Secretary of State for Home Affairs and Secretary of State for Foreign Affairs. However, those Letters did not bear the countersignature of Hanover’s Prime Minister at the time, Mr. Troy Thompson, as required in Subsection 1C.
The defendant’s attempt to rectify the situation with a November 29, 2006 statement containing a countersignature from Prime Minister Thompson is hardly effective. Countersignature is required for a reason; it must be demonstrated to the public that there was a consensus among the Sovereign and the Prime Minister as to the Cabinet appointments. There is clear legal precedent for this. A Royal Decree dated January 3, 2004, entitled “Clarification of Communication,” states that only those communications published in the Royal Gazette are valid. Thus, theoretically the Letters still do not bear countersignature.
4. We ask the Court to order the defendant to revise the Letters to publicize in the Royal Gazette a countersignature from the Prime Minister, in accordance with the Constitution Act. It is Mr. Livingston’s belief that such a ruling would send a message that the law must be obeyed in the realms and dominions of His Majesty the King, regardless of the practical situation.
We intend to request that the defendant waive formal service, and my office will shortly send the defendant a copy of this complaint along with a Notice of Lawsuit and Request for Waiver. If the defendant does not return the Waiver within 30 days, we will then prepare a summons and present it to the Court for signature and service.
Signed,
Carson Smith
Sir Carson Smith, KCH, Esq. JP
Attorney for the Plaintiff
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