Caphiria: Difference between revisions

In theory, Caphiria operates as a unitary constitutional republic, with ultimate authority in every judicial, executive, and legislative matter being derived from its constitution. In practice however, Caphiria is functionally autocratic (and has been described as an autocratic-caesaropapist constitutional republic), with immense power is vested in a single leader - the [[Imperator]]. The Imperator is the supreme authority of Caphiria, serving as both the head of state and the head of government. The Imperator's responsibilities encompass the executive powers of the government, ensuring legislation aligns with public sentiment, and representing the state on the international stage. Furthermore, the Imperator holds the role of commander-in-chief for the [[Imperial Armed Forces of Caphiria|Imperial Armed Forces]], presiding over 13 million active-duty military personnel, and is the nation's chief diplomat. While the role of the Imperator appears hereditary, it is not official. Despite the autocratic semblance, the cultural disdain for ''reges'' (kings), deemed inevitably corrupt, has persisted in Caphirian culture since the classical period. To become the ''princeps juventatis'', the legal candidate for the next Imperator, two prerequisites must be satisfied: selection by the preceding Imperator based on suitability, and approval and proclamation by the [[SMCR|Senate, Citizens, and Military of Caphiria]]. No one has ever taken the title of Imperator - or been legitimately recognized - without fulfilling these conditions, rendering the position of the Imperator a ''de facto'' republican head of government.

 

The Imperator governs by way of his ''imperium maius'' (supreme executive power) and his ''auctoritas principis'' (primary legislative authority). From 1615 to 2017, the Imperator also had religious power through his ''jure divis'' (divine mandate as Pope) - however this was rescinded following the signing of the [[Eight Points Agreement]] which ended the 400-year old schism between the [[Catholic Church]] and the [[Caphiric Church]]. Proclamation IX of the Constitution currently details most of the Imperator's powers, previously ruled by divine right. While the Imperator possess near limitless executive power with unilateral control, the [[Senate (Caphiria)|Senate of Caphiria]] has the ability to legally oppose most of the Imperator's actions by a super-majority.

 

Historically, the Imperator ruled by divine right but recently most of the powers of the Imperator have been set forth in Proclamation 9 of the Constitution. This leads to a highly complex system of ''de jure'' and ''de facto'' authority within the government as powers and duties are not clearly delineated. Because of this unique system, the Imperator is the ''de jure'' head of each of the branches of government. However, the [[Corcillum|Corcillum of Caphiria]] wields significant power over the fiscal responsibilities of the Imperium, as well as possessing the ability to solely bring new laws to vote, and the Supreme Court system has gradually gained a tremendous amount of oversight and control over the application of the law, having the power to declare legislation or executive action made at any level of the government as unconstitutional, nullifying the law and creating precedent for future law and decisions. There have been many amendments to the Constitution to further delineate authority and organize the government further, but because of historical significance of the Imperator, it will always be the single point in which the government of Caphiria stems from.

 

Within Caphiria's political framework, the Imperator embodies the essence of supreme executive power, however this concentration of power is thoughtfully tempered by the Senate's authority to mount challenges through a super-majority, crafting a dynamic equilibrium between executive dominion and legislative oversight. This delicate balance epitomizes Caphiria’s intricate governance, where authority is exercised with a steady hand and legislative scrutiny ensures stability and adaptability.

The executive authority in Caphiria rests squarely on the shoulders of the [[Imperator]], who governs through his ''imperium maius'' (supreme executive power) and ''auctoritas principis'' (primary legislative authority). While the Imperator possesses ultimate authority and control over the military, they are unable to hold any rank and maintain a civilian status and due to the separation of most imperators from military life, their orders are typically vague with a great deal of strategic flexibility. While their executive power is vast, it is not unchecked; the [[Senate (Caphiria)|Senate]] holds the capability to challenge the Imperator’s decisions through a super-majority vote. This balance of power illustrates the complex political framework within Caphiria, where executive authority and legislative oversight converge, ensuring a dynamic yet stable administration. The Imperator’s command is executed through the [[Council of the Imperium]], the central executive authority of the government. The Council consists of two principal components: the [[Office of the Imperium]], led by the [[Imperator]] and includes the [[Prime Minister (Caphiria)|Prime Minister]] (who serves as the President of the Council) and a suite of non-magisterial officials tasked with assorted administrative responsibilities; and the [[Council of Ministers (Caphiria)|Council of Ministers]], a collective of ministers appointed by the Imperator upon the Prime Minister's suggestion. The Prime Minister is appointed by the Imperator after consultations and is confirmed by a vote from the Senate. Subsequently, based on the Prime Minister's nominations, the Council of Ministers is assembled to mirror the government's administrative and policy-oriented objectives, serving the functions of the federal government on behalf of the Imperator. Ultimately, the powers of the State Ministries rest in the hands of the Imperator until the ministers assume their offices.

 

 

The [[National Assembly (Caphiria)|National Assembly]] has nominal authority over the entire Corcillum and is the national legislature of Caphiria.  The Assembly is nominally responsible for the adoption of all laws as well as any amendments to the [[Constitution of Caphiria]]. Consisting of 1000 members elected based on universal adult suffrage in equal population districts, the Assembly primarily controls the Caphirian national budget. It has delegated most of its major lawmaking authority to the other Assemblies. The Assembly is also nominally responsible for the oversight of the Council of Ministers, with each ministry having a corresponding committee. The Assembly serves five-year terms and cannot be dissolved. Assembly seat districts are elected by first past the post and are reallocated every five years by the Tribunal Assembly based on the results of the national census. It is presided over by the [[Imperator]] or his designee in his role as First Tribune.

 

 

 

The Tribunal Assembly is an assembly of every [[Magistrates of Caphiria|magistrate]] of ''Censore'' rank and above. The Assembly oversees the public administration of [[Caphiria]]. Specifically, it considers all motions which cede or accept lands into Caphiria and also organizes and reorganizes the [[Provinces of Caphiria]] and their subdivisions as the need presents. It is additionally responsible for creating the electoral districts of the National Assembly based on census results every five years. The Tribunal Assembly also confirms appointments of the <nowiki>[[Council of Ministers (Caphiria) |government ministers]]</nowiki> by the [[Imperator]] from among men of [[Senatorial Rank (Caphiria)|senatorial rank]] excepting the [[Ministries of Caphiria#Ministry of Defense|Minister of Defense]]. Within the Tribunal Assembly is the [[Magistrates of Caphiria#Censores|Censorial Assembly]], which is organized as a committee within the Tribunal Assembly for the protection of the Constitution and serves as the internal ethical, legal, and moral oversight body of the [[Government of Caphiria]]. [[File:Wien 01 Justizpalast a.jpg|thumb|[[Supreme Court of Caphiria|The Supreme Court of Caphiria]]|alt=|left|300x300px]]The judicial branch of Caphiria is known as the [[Judiciary of Caphiria|Judiciary]], which is overseen by the [[Ministry of Justice (Caphiria)|Ministry of Justice]]. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses, as well as administering the [[correctional system of Caphiria]]. Lastly, the Ministry of Justice receives and processes applications for national pardons and proposes legislation dealing with matters of civil or criminal justice. The Ministry of Justice arranges the ''album judicum'' - a list of every licensed jurist eligible for judging cases in a lawful court - and decides on the time and place of sessions in every Caphirian court of law. It also serves as the backbone for The Imperium's provincial and municipal court systems. Each provincial government possesses its own ''provinciarum judex'', or local judge, who is subservient to the Ministry of Justice. Excluding the Supreme Court, every judge and member of the Ministry of Justice is elected alongside every other government member in each ''lustrum''.  

At the apex of the national judicial hierarchy is the [[Supreme Court (Caphiria)|Supreme Court]] (''Tribunalis Ultima'') which operates independently from the Ministry of Justice. Under the Supreme Court are the intermediate appellate courts - the [[Court of Appeals (Caphiria)|Court of Appeals]] - and the primary criminal trial courts called [[District Courts (Caphiria)|District Courts]]. At the local level, there are [[Provincial Courts (Caphiria)|Provincial courts]] that have authority and original jurisdiction of a single province and are responsible for two jurisdictional orders, civil and criminal. The lowest level court is the [[Prefectural court (Caphiria)|prefectural court]], which primarily handles small claims civil cases as well as minor criminal infractions.  

As the highest court within Caphiria, the Supreme Court ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case. The Supreme Court can reject, or confirm, a sentence from a lower court. If it rejects the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A sentence confirmed by the Supreme Court is final and definitive, and cannot be further appealed for the same reasons. Although the Supreme Court cannot overrule the trial court's interpretation of the evidence, it can correct a lower court's interpretation or application of the law connected to a specific case. The Supreme Court itself is composed of 15 judges that are collectively known as the Council of Supreme Judges (''Consilio Judicatis Magnus'') for the term of service of five ''lustra'' (25 years total): 5 appointed by the Imperator, 5 elected by the Senate, and 5 elected by the ordinary and administrative courts. Candidates need to be either lawyers with twenty years or more experience, full professors of law, or (former) members of the Ministry of Justice.  

[[File:7707-1.jpg|thumb|Various magistrates meeting together|alt=|left]]Elected officials in government are known as [[Magistrates (Caphiria)|magistrates]] (''magistrati'') which can be divided into two main categories: parliamentary and non-parliamentary. Parliamentary magistrates are directly involved with the government of Caphiria whereas non-parliamentary are not. Most offices are allowed to appoint a ''vicarius'' (deputy magistrate) who assists in their duties and replaces them in the event of incapacitation or death. Since ''vicariiare'' not elected, their abilities to perform the duties of a real magistrate are severely limited by the law, kept only to essential functions.