Court of Record

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Court of Record is a designation within the Common Law Commonwealth analogous to a constitutional court in most other places. It is a court of particularly great prestige which therefore is held to define the orthodox Common Law by the collected body of its judgements. Unlike a constitutional court, however, the Common Law does not name particular courts as Courts of Record. There are various theories as to what makes a court a Court of Record. These are:

  • Nominalism - as the 'first' court the Haversham Metropolitan Court enjoys a special and inalienable position as the supreme Court of Record and 'nominates' other courts as Courts of Record by referring its judgements to them for review.
  • Imperialism - the Courts of Record are chosen, consciously or otherwise, by the armed forces of the Commonwealth in deciding which courts' rulings to enforce militarily and their relative success in doing so; the word derives from the word 'imperium' meaning 'supreme force'.
  • Providentialism - similar to imperialism, but with a less naturalistic interpretation, the courts whose loyal supporters tend to triumph are 'appointed by Providence' as the Courts of Record. This differs in an important practical detail from Imperialism because it is possible for those courts appointed by Providence to be temporarily defeated - they are those courts that will ultimately be victorious over many generations.

The most common popular interpretation is Providentialism. Among leading figures in society, however, Nominalism and Imperialism are more common. There is a notable relationship between Smythist sympathies and Imperialism, while Nominalism tends to be the view held by elite conservatives.

In practice, though, and especially following the victory of the Estates-General and Rajamandala over Syndicalist Democratic Kampuchea, all three theories currently agree which courts are Courts of Record, and the question of what is a Court of Record and why is considered abstruse by most inhabitants of the Commonwealth: it is simply "obvious".

Widely recognised Courts of Record