Oberjarl of Tevitheim
| Oberjarl of the United Jarldoms | |
|---|---|
| Oberjarls Forente Jarldømer | |
 Oberjarl Coat of Arms | |
 Standard of the Oberjarl | |
| Style | Herr Oberjarl (male) Fru Oberjarl (female) |
| Type | Head of State |
| Appointer | Jarls of Tevitheim |
| Term length | 9 years, renewable |
| Constituting instrument | Constitution of Los Angeles |
| Formation | 11 July 1959 |
| First holder | Oleg Avbeaker |
| Succession | President of the Jarlaråd |
| Salary | ᵹ2,500,000 |
The Oberjarl of Tevitheim, officially titled the Oberjarl of the United Jarldoms (Tronder: Oberjarls Forente Jarldømer) is the head of state of Tevitheim.
While officially the chief executive of Tevitheim, political convention and social tradition have resulted in a de facto parliamentary system in which the grand chancellor (though the chancellor is appointed in a manner similar to a president in presidential systems) is the head of government. The oberjarl thus has a ceremonial role as a figurehead, but also has some reserved political powers. They can use their unofficial influence and right-of-address in both houses of the Nasjonalforsamling to influence and direct political debate. They may also grant pardons on behalf of the federal government, represent Tevitheim in matters of international law, conclude treaties with foreign states on its behalf, accredit diplomats, and dissolve the Nasjonalforsamling and force new elections. Furthermore, all federal laws must be signed by the oberjarl before they can come into effect; oberjarls may veto a law if they believe it to violate the constitution.
In the role of head of state, the oberjarl's actions and public appearances represent the state itself, its existence, legitimacy, and unity. The oberjarl enjoys a higher ranking at official functions than the grand chancellor. The oberjarl's role is integrative and includes the control function of upholding the law and the constitution. It is a matter of political tradition – not legal restrictions – that the oberjarl generally does not comment routinely on issues in the news, particularly when there is some controversy among the political parties. This distance from day-to-day politics and daily governmental issues allows the oberjarl to be a source of clarification, to influence public debate, voice criticism, offer suggestions, and make proposals. In order to exercise this power, they traditionally act above party politics.
The current officeholder is Roald Vead, former jarl of New Hammerfest, who was elected on 19 July 2015. He is currently serving his first nine-year-term, which will expire after the next election on 21 July 2024.
History
Origins
The term "oberjarl" originated long before Tevitheim itself was colonized. In the Tronder kingdoms, chieftans or warlords who had assembled large and complex networks of tributaries often took the name "oberjarl" for themselves, establishing themselves as "jarls above the rest". When nobility formed petty jarldoms in the Tronder colonies in the late 1600s, "jarl" became a common name for the monarch. Proposals for an "oberjarl" were made, but none were able to consolidate the jarldoms into a single entity. The term "oberjarl" was applied to the hereditary head and chief of state of New Trondheim, but the jarldom was dissolved in 1733.
In the 1730s and 40s, as the Tronder began to assert control over the colonies that had crossed the sea and established themselves. This consolidation was highly unpopular with many of the colonists, which had established colonies specifically to avoid the government of Trondheim. In 1760, a group of jarldoms, calling themselves the Union of Jarls, formed a confederation to fight back against Trondheim's influence. Their commander-in-chief of the armed forces and the presiding officer of the legislature were both named "oberjarls", but they were recognized as first among equals rather than true heads of state.
When the Tevitheimer constitutional conventions opened in 1860, the jarldoms which sent delegation brought with them an accumulated experience over a diverse set of institutional arrangements between legislative and executive branches from within their respective jarldom governments. Most jarldoms maintained a weaker executive without veto or appointment powers, and was sometimes even a ceremonial position, though some jarls were more powerful and governed alongside elected politicians. New Hammerfest offered the strongest exception, with a jarl who served for a period of twelve years, with strong executive powers, a cabinet, and was elected by the New Hammerfest parliament. Following negotiations, the convention settled on a "New Hammerfest" model, with a strong oberjarl who would be elected by a council of jarls for a six year term, but who was checked by the legislature. The Tronder government aceded to this model, and allowed Tevitheim to install the system on the condition that the governor-general had a veto over the oberjarl as well.
1861-1921
As Tevitheim's first oberjarl, Oleg Avbeaker had his term cut short in 1861 when Trondheim's governors-general announced the formation of Tevitheim-Anthros, a massively unpopular decision intended to streamline and consolidate colonial administration. Regardless, Avbeaker was able to establish many norms that would come to define the office of oberjarl. His decision to retire after three terms helped address fears that the nation would devolve into monarchy, and established a precedent of limited, if lengthy, terms in office for the oberjarl. While initially an independent, Avbeaker aligned himself with the Dominion Party, a pro-union and pro-Tronder political party. By the end of his term, a second party, the Nationalists, had developed, and espoused a pro-independence and anti-union viewpoint. Though his chosen successor, Halvor Henriksen, would win election in 1879, Henriksen would lose the 1885 election to Nationalist Marven Eriksen, ending 18 years of Dominionist dominance of politics.
The election of Eriksen was a signifigant milestone, as Eriksen was not part of the New Hammerfest or New Trondheim elite that had held power not only in the office of oberjarl but in the various parliaments of Tevitheim for 18 straight years. Eriksen sought to strengthen the oberjarldom at the expense of the Nasjonalforsamling, while broadening populist policies as the population moved westward. However, his successor, Hansen Abey, became unpopular and lost the 1903 to Vilhelm Henrisen. Henrisen would die and his successor, Johann Tidler, was weak and led to the Nasjonalforsamling gaining power at the expense of the oberjarl. The Jarlaråd in particular would be very powerful, with the Triumvirate of New Hammerfest, Hellighjerte, and New Trondheim holding effective control and shaping national policy.
With the outbreak of the First Great War in 1909, Teodore Doltenberg became the dominant feature in Tevitheimer politics. Using the outbreak of war to his advantage, Doltenberg was able to permanently change the political system by strengthening the position of oberjarl, with key accomplishments include the modernization of the Tevitheimer military, labor reforms, and achieving steps to split Tevitheim-Anthos into two countries once again. Doltenberg succeeded in laying the groundwork for independence, and was reelected in 1915, with his hand-picked successor, Yngvar Juul winning in 1921 in the country's first truly independent elections. This led to a realignment in Tevitheimer politics.
1921-1959
With the removal of the "union question" of continued union with Anthros, Tevitheimer politics realigned to conventional political issues. Politics became divided into two primary camps- the Federalists and the Worker's Rights Party. The Federalists, lying along the center-right of the political spectrum, favored pro-business policies, tariffs, a more hawkish foreign policy, and decentralization of power to the constituent jarldoms of Tevitheim. In contrast, the Worker's Rights Party laid on the center-left of the political spectrum, and favored regulations on business, free trade, isolationism, and centralized government power. From 1927-1951 politics was dominated by the Federalist party, spanning four terms and twenty four years.
The death of Oberjarl Christoffer Flom in the Drondheim Raid on 21 June 1941 shocked the country. Most of the line of succession and Nasjonalforsamlingwas left dead with the highest official left alive being Minister of Foreign Affairs, Mehl Hallvard, as he was late to the Cabinet meeting the bombs struck and was not in the assembly hall the Nasjonalforsamling was using. Hallvard assumed the position of oberjarl and led the country through several years of warfare. Hallvard canceled elections in 1945, but promised to hold them once all Anthran forces were ejected from Tevitheimer soil. In 1947, Hallvard was elected oberjarl by a landslide and served until leaving office in 1951.
Hallvard's successor, Stroom Theosen, a member of the Alnating from Ilbahar, came from the Worker's Rights Party. After winning the bitterly contested 1951 election, Theosen began to suppress lingual minorities and increase the power of the executive branch of government at the expense of the legislature. The 1957 election was widely considered to be mostly a sham, with Theosen taking office for a second term despite his massive unpopularity and likely to due voter intimidation tactics, ballot stuffing, and goverment propaganda being omnipresent in media. Protests in 1958 became full blown riots, and a brief civil conflict, called the War of Tongues erupted. The War of Tongues would force Theosen and his administration to resign and flee the country.
1959 to Present
With the end of the War of Tongues and due to the misuse of the oberjarl's powers under Theosen, the office's powers were significantly reduced. Not only are modern oberjarls indirectly elected, but most of the real power was transferred to the grand chancellor instead. This has left the position of oberjarl a mostly ceremonial post with very little real power and is often granted as a sinecure to aging politicians and notable Tevitheimers.
Election
The Constitution of Tevitheim only requires that an oberjarl be a natural-born citizen of Tevitheim, at least 32 years of age but no more than 72 in the year of inauguration for their term (though oberjarls older than 72 may finish their current term), a permanent resident of Tevitheim, and be a former jarl or grand chancellor from a different jarldom than their immediate predecessor.
The oberjarl of Tevitheim serves for a term of nine years, without limit. A sitting oberjarl (or executive of a jarldom, governor or chief administrator of a territory, or a mayor) who wishes to run for a different office, regardless of the intended jurisdiction or branch of government, must resign from office at least six months before election day.
Compensation and Privileges
As of 2023, the oberjarl receives a yearly salary of ᵹ2,500,000 ($260,146 a year), or ᵹ3,000,000 a year ($312,175 a year) alongside an expense account to cover travel for official business and other goods and services related to the functioning of the executive branch. This means that travel to and from the oberjarl's vacation homes is not covered by the expense account unless it relates to official business.
The Port House in Alna is the official resident and workplace of the oberjarl. The oberjarl is entitled to the use of the Pink House in Adelsønn, the historic (though now mostly ceremonial) residence of the Governor-General of Tevitheim-Anthros . There is also the Redes Hus on the northeastern coast of Halvmånøy which often serves as a summer retreat. Finally, the Casa dal Guvernatur (the historic residence of the governors of Rookeryet before Rookeryet aceded to full jarldom status) is officially a home used by the oberjarl, though it often is used for official events, such as the hosting of foreign dignitaries.
For ground travel, the oberjarl is entitled to the use of a state car, which is usually an armored version of a luxury sedan. A modified luxury transport aircraft is often used as an aircrat for the oberjarl, though longer journeys may require the government to charter a commercial flight or use a modified military cargo aircraft instead. A helicopter, traditionally operated by the local jarldom's air militia, is also used.
After the end of their term in office, oberjarls (and those who served as acting oberjarl for more than one year) are entitled to a half pension of ฿11,500 (฿138,000 a year), equivalent to ₳16,666.67 a month (₳200,000 a year), access to oberjarler vehicles with the permission of the incumbent, access to property of the oberjarl's office with the permission of the incumbent, and are made honorary members of the Alnating, who have no voting rights but are allowed to attend meetings and speak to the Alnating as a whole.
- Oberjarl Amenities
Oberjarl's primary residence, the Port House in Alna
Oberjarl's second home, the Pink House in Adelsønn
Oberjarl's vacation home, the Casa dal Guvernatur outside of Fort Beaker
Oberjarl jet, a NI820
Oberjarl state car, usually a silver-painted armored luxury sedan
Oberjarl helicopter, usually an SO901 (this one operated by the Måkeøyene Air Guard)
Kirribilli_House_Kirribilli.jpg)
.JPG)
Duties and functions
The oberjarl's most prominent powers and duties include:
- Presenting the grand chancellor to the Alnating for its approval
- Appointing and dismissing the grand chancellor and their cabinet ministers
- Dissolving the Alnating under certain circumstances
- Declaring the legislative state of emergency under certain circumstances
- Convening the Alnating
- Signing and promulgating laws or vetoing them under certain circumstances
- Appointing and dismissing federal judges, federal civil servants, and commissioned and non-commissioned officers of the Armed Forces
- Exercising the power to pardon individual offenders on behalf of the United Jarldoms
- Awarding honors on behalf of the United Jarldoms
- Representing Tevitheim at home and abroad
Promulgation of the law
All federal laws must be signed by the oberjarl before they can come into effect. The oberjarl may refuse to sign the law, thus effectively vetoing it. In principle, the oberjarl has the full veto authority on any bill, but this, however, is not how past presidents handled their power. Usually, the oberjarl checks if the law was passed according to the order mandated by the Constitution and/or if the content of the law is constitutional. Only in cases in which the incumbent oberjarl had serious doubts about the constitutionality of a bill laid before them, they have refused to sign it. It also has to be stated that the oberjarl may at their own discretion sign such a "vetoed" bill at any later time, if for example the Constitution has been changed in the relevant aspect or if the bill in question has been amended according to his concerns, because their initial refusal to sign a bill is not technically a final veto.
Pardons and honours
According to Article II of the Tevitheimer Constitution, the oberjarl has the power to pardon. This means the oberjarl "has the authority to revoke or commute penal or disciplinary sentences in individual cases. The oberjarl cannot, however, issue an amnesty waiving or commuting sentences for a whole category of offenses. That requires a law enacted by the Alnating in conjunction with the Jarlaråd. Due to the federal structure of Tevitheim the oberjarl is only responsible for dealing with certain criminal matters (e.g. espionage and terrorism) and disciplinary proceedings against federal civil servants, federal judges, and soldiers".
It is customary that the oberjarl becomes the honorary godparent of the seventh child in a family if the parents wish it. They also send letters of congratulations to centenarians and long-time married couples.
Legislative state of emergency
Article IV makes it possible to enact a law without the approval of the Alnating: if the Alnating rejects a motion of confidence, but a new grand chancellor is not elected nor is the Alnating dissolved, the grand chancellor can declare a draft law to be "urgent". If the Alnating refuses to approve the draft, the cabinet can ask the oberjarl to declare a "legislative state of emergency" with regard to that specific law proposal.
After the declaration of the oberjarl, the Alnating has four weeks to discuss the draft law. If it does not approve it the cabinet can ask the Jarlaråd for approval. After the consent of the Jarlaråd is secured, the draft law becomes law.
There are some constraints on the "legislative state of emergency". After a oberjarl has declared the state of emergency for the first time, the government has only six months to use the procedure for other law proposals. Given the terms provided by the constitution, it is unlikely that the government can enact more than one other draft law in this way.
Also, the emergency has to be declared afresh for every proposal. This means that the six months are not a period in which the government together with the president and the Jarlaråd simply replaces the Alnating as lawgiver. The Alnating remains fully competent to pass laws during these six months. The state of emergency also ends if the office of the grand chancellor ends. During the same term and after the six months, the grand chancellor cannot use the procedure of Article 81 again.
A "legislative state of emergency" has never been declared. In case of serious disagreement between the grand chancellor and the Alnating, the grand chancellor resigns or the Alnating faces new elections. The provision of Article IV is intended to assist the government for a short time, but not to use it in crisis for a longer period. According to constitutional commentator Borens, Article IV provides the executive (government) with the power to "enable decrees in a state of emergency", but for historical reasons (the backsliding under the Tevitheimer Republic) the constitution avoided this expression.
Vacancies and Succession
According to the Tevitheimer constitution, the President of the Jarlaråd becomes the oberjarl in the event of the oberjarl's death, resignation, or removal. There have been three deaths and one removal.
In the event of a double vacancy of both the oberjarl and the president, the Alnating may declare, by law, who shall assume the status of acting president. Per current Tevitheimer law, in the event of a vacancy of both the oberjarl and the president, the order of succession is: the secretary of the Alnating, then, if necessary, the chair of the High Court, and then, if necessary, the the minister of foreign affairs. Unlike a single vacancy, where the president becomes oberjarl, those who ascend to the position of oberjarl in the event of a double vacancy are only acting oberjarls, who hold the powers and duties of the office without assuming the office itself.
Acting oberjarls hold their office according to two criteria: duration of their tenure and status of the oberjarl. If the preoberjarlsident is only temporarily unable to serve (such as a severe illness or injury that will be resolved within 6 months), either the Cabinet or the Alnating has the power to declare the incapacitation temporary and the acting oberjarl will only exercise power until the oberjarl is able to resume their duties of office. In the event that the incapacitation is expected to last longer than 6 months or the office of the oberjarl is vacant due to death, removal, or resignation, then the acting oberjarl will serve until the end of the term unless there is more than 600 days remaining in the term, in which case a new election shall be held with the winner serving a full nine year term.
Removal
While in office, the oberjarl enjoys immunity from prosecution and cannot be voted out of office or recalled. The only mechanism for removing the oberjarl is impeachment by either legislative house for willfully violating Tevitheimer law. In either of the two bodies a two-thirds majority is required. Once the body impeaches the oberjarl, the Federal Constitutional Court is charged with determining if they are guilty of the offense. If the charge is sustained, the court has the authority to remove the oberjarl from office.