High Deemery of Esthursia
| High Deemery of Esthursia | |
|---|---|
 | |
| Established | October 14, 1686 |
| Location | Weskerby, Osynstry |
| Composition method | Appointed by the Independent Deemery Nevening Council (IDNC) |
| Authorized by | Constitution of Esthursia |
| Judge term length | Life tenure, maximum age 75 |
| Number of positions | 11 (by convention) |
| First Doom of Esthursia | |
| Currently | Alison Havering |
The High Deemery of Esthursia (initialism: HDE) is the highest body for civil and criminal law in Esthursia, oversees constitutional law, and is the final court of appeal for all cases in Esthursia. As well as this, it serves as the only court in Helmark that solely focuses on constitutional law. The High Deemery has operated since the Popular Revolution and the formation of the Overlaw in 1686, and after granting itself the power of judicial review in 1717, it gained the power formally in the 1961 ratification of the Constitution, which it enforces; it has the power to strike down government actions and laws retroactively as a result of this. The High Deemery operates out of the First Deeming, in Weskerby, Osynstry.
The tradition of a central judiciary first originated from the "travelling deemers" of the 13th century under Hereward the Wake, Esthursia's first parliamentary Imperial Chancellor (as opposed to monarchist Imperator); its core values, such as enshrining the basic right to liberty, fair trial, freedom of self and fundamental human rights all originate from this era. The High Deemery was first established as a body of 11 deemers (judges) in 1686, by Article 4 of the Overlaw; it found itself given judicial powers formally in 1961, however acted by convention in a similar matter prior to this.
History
Origin of Esthursian justice
The Classical Empire of the 13th century in Esthursia was originally ruled as an absolute monarchy by Imperators, however these imperators gradually ceded power to the parliament, the Thanage, who were a semi-democratic body of various social strata. The Thanage took power de facto upon the accession of Hereward the Wake to Chancellor, following the death of a previous Imperator whose successor was too young to take to power. Hereward the Wake's legal reforms were widespread, and included the abolition of slavery and serfdom, the end to the death penalty, the right to a fair legal trial, and the right to ensured property; to enforce this, and as part of a wider effort to centralise control and reduce crime, Hereward sent leagues of "travelling deemers" - legal professionals in the country's proto-universities - to arbitrate according to common law.
Justice in Esthursia decentralised and deformalised following the capitulation of the Empire to Suavidici control, and further lost formal institutions and conventions during the Tardineanni occupation period between 1530 and 1680, though some Assuranni rulers (e.g. Klaudis Moore, a mixed Esthursian-Tardineanni ruler of the Viceroyalty of Assuran) instituted a barebones form of this justice system, and the Royal Union mimicked Hereward the Wake's legal system for their own burgeoning state during the 1630s through the 1680s under Llywellyn I throughout the Civil War.
Formation
The Overlaw was formed in the 1680s following the Popular Revolution's successful capitulation of the government and monarchy after the death of reformist Llywellyn I (Middle Atlish: Levelyn I); the High Deemery simultaneously was founded. In 1717, Boldworth v. Oldham instituted the start of judicial review, which was accepted by convention (particularly after the governments of Edward Bourne in the late 18th to early 19th century).
Composition
The High Deemery comprises of 11 deemers, who must be under 75 years of age, and who are all qualified legal professionals. They are selected by the Independent Deemery Nevening Council (IDNC), an independent body adjacent to the High Deemery but not formally part of it of legal professionals, each time a previous deemer resigns his position or reached the maximum age trigger point. Deemers must not be affiliated with a political party.
Membership
Esthursia's High Deemery comprises of one First Doom, an Otherdeemer, and nine other deemers. Only the First Doom and Otherdeemer can accept constitutional law cases on behalf of the Deemery, however this is merely a formality in modern times, and often the jurisdiction of these cases is given from the accepting deemer to other deemers.
Facilities
The High Deemery operates out of the 17th century First Deemery building, first constructed in the 1680s during the formative years of the Overlaw, post-Imperial justice system and the Deemery itself.
