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Official Request to the Imperial Chancellery n. 01/18

Posted: 10 Apr 2018, 13:41
by Wilhelm v. Hochbach
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THE KINGDOMS AND LANDS OF THE CROWN OF RUTHENIA AND THE LANDS REPRESENTED IN THE COUNCIL OF KARNIA
HIS IMPERIAL AND ROYAL MAJESTY’S MINISTRY OF JUSTICE OFFICE
Official Request to the Imperial Chancellery n. 01/18
YOUR EXCELLENCY THE IMPERIAL CHANCELLOR,

In line with my duties as Minister of Justice, and to preserve the autonomy and separation of the powers of the State, as well as the principle of legality, I hereby submit to Your Excellency an official request for you to consider revoking art. 1, letter a of Ministerial Order No. 3, dated of April 10, 2018, written as follows:
"ARTICLE I. On the new status of the Ministerial Order No. 03:
a. The ministerial order shall be, as of this date, made invalid and unconstitutional;
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The article intends to declare the unconstitutionality of an act of the public power, namely the Ministerial Order No. 3. Although, in my particular opinion, this Ministerial Order is indeed unconstitutional, it is wrong for a Minister to declare it officially, since this is an exclusive prerogative of the Imperial Supreme Court. Considering that Ministerial Order No 3 has already been revoked under Article 1, letter b, it is only necessary to issue an executive decree revoking letter a. I emphasize that the error contained in this article is not serious and it is not considered here bad intentions on the part of His Excellency the Minister of Culture, but it is my duty, as Minister of Justice, to preserve legal security to the maximum extent of the attributions of each State institution.

Sincerely,
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Ministerpalast, 1O APRIL 2O18. — His Excellency, the Minister of Justice.