Government of Caphiria: Difference between revisions

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| date            = 1191; 829 years ago
| date            = 1782; 252 years ago (as the Fourth Imperium)
| country          = The Imperium and Possessions of Caphiria
| country          = {{flag|Caphiria}}
| document_type    = <!-- default is "Founding document" -->
| document_type    = <!-- default is "Founding document" -->
| document        = Constitution of Caphiria
| document        = [[Constitution of Caphiria]]
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| legislature      = [[Senate of Caphiria]]
| legislature      = [[Corcillum]]
| meeting_place    = [[Forum Magnum]]
| meeting_place    = [[Forum Magnum]]
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| leader_title    = Imperator of Caphiria
| leader_title    = [[Imperator]]
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| headquarters    = [[The Ataceris]]
| headquarters    = [[Ataceris]]
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The '''Imperial Government of Caphiria''', (colloquially referred to as The Imperium) is the national government of the [[Imperium of Caphiria]], which covers 22 Provinces (''Banlieueregio'') and several overseas possessions, colonies, and territories. The Government of Caphiria is organized into three main ''Triumirs'', or branches, which are Executive, Legislative, and Judicial. Power is vested by the Constitution of Caphiria in the [[Imperator]], [[Corcillum]], and Supreme Court, respectively.
{{Politics of Caphiria |expanded=laws}}
The '''Imperial Government of Caphiria''', colloquially referred to as '''The Imperium''', is the national government of [[Caphiria]], which covers [[Administrative divisions of Caphiria|22 provinces and several overseas possessions, colonies, and territories]]. The Government of Caphiria is organized into three ''triumirs'', or branches, which are Executive, Legislative, and Judicial. Power is vested by the Constitution of Caphiria in the [[Imperator]], [[Corcillum]], and Supreme Court, respectively.


In theory, the Imperium of 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 for all intents and purposes would be an autocratic-caesaropapist constitutional republic), with immense power is vested in a single leader - the Imperator of Caphiria - who serves as head of state and chief executive. 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.
In theory, the Imperium of 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 for all intents and purposes would be an autocratic-caesaropapist constitutional republic), with immense power is vested in a single leader - the Imperator of Caphiria - who serves as head of state and chief executive. 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.
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Because of this unique system, the Imperator is the de jure head of each of the branches of government. However, the Senate 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.
Because of this unique system, the Imperator is the de jure head of each of the branches of government. However, the Senate 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.
=Executive branch=
=Executive branch=
{{main|Imperator of Caphiria|Office of the Imperium|Ministries of Caphiria}}
{{main|Imperator of Caphiria|Council of the Imperium|Council of Ministers (Caphiria)
The executive power in the government is vested in its entirety through the Imperator of Caphiria. The Imperator governs by way of his imperium maius (supreme executive power), his auctoritas principis (primary legislative authority), and his jure divis (divine mandate as Pope) As its chief executive, the Imperator is head of state and thus head of the Ministries of Caphiria, the trans-parliamentary bodies that administer the functions of the federal government on behalf of the Imperator. He has the ability to appoint and fire ministers, create and dissolve ministries, as well as the responsibility to appoint diplomatic and provincial officials.
}}
 
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 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.
 
As the paramount head of state, the Imperator oversees the [[Council of Ministers (Caphiria)|Council of Ministers]], wielding the power to appoint and dismiss ministers, establish and dismantle ministries, and assign diplomatic and provincial roles at his discretion. The Imperator’s command is executed through the [[Office of the Imperium]] and led by the [[Prime Minister (Caphiria|Prime Minister]]. The Prime Minister, chosen by the Imperator and validated by a vote from both houses of the [[Corcillum]], orchestrates the Council’s operations. The ministries, nominated by the Prime Minister and appointed by the Imperator, act as the government's executive limbs, executing the will of the Imperator. As the central organ of the executive power, the Council's primary role is to actualize national political decisions and the Constitution provides 3 special powers to enable this: Legislative Initiative Power (''maius'' ''legislativa initiandi''), Decree Authority (''auctoritas decretalis''), and Regulatory Competence (''competentia regulatoria''). Legislative initiative power enables the Council of the Imperium to introduce bills to the national parliament, actively participating in the legislative process. It represents the Council's capacity to shape national legislation by proposing new laws and amendments, thereby influencing the legislative agenda directly. Decree authority encompasses the Council's ability to issue decree-laws in urgent situations and legislative decrees when legislative authority has been delegated by the [[Senate (Caphiria)|Senate]]. This form of executive-legislative power allows the Council to respond swiftly to immediate needs and to exercise a significant legislative role, effectively shifting substantial legislative power from the Senate to the Council. The Decree Authority is a critical tool for the Council, enabling it to enact legal norms with the force of law, thereby bypassing the slower, more deliberative processes typical of parliamentary legislation. Regulatory competence grants the Council and its ministers the ability to issue regulations (''regolamenti'') that are subordinate to higher legislation but essential for its implementation and the day-to-day administration of the state. As the administrative heads of the State, ministers use this power to direct activities through the political process, ensuring that the executive branch's operations align with legislative intentions.
 
Provincial governance is entrusted to [[Praetor|Praetors]], tasked with enforcing his sovereignty throughout the Imperium's 25 [[Provinces (Caphiria)|provincial divisions]]. Praetors serve as the Imperator’s proxies through the concept of 'parallel autonomy', which refers to the unique relationship in which provinces - and by extension the provincial government - are administered directly by the [[Imperator]], who passes autonomy to them through his ''imperium maius''. This means that provinces have their own sovereignty that is separate from the Imperium yet they are directly controlled by it. In theory, the Praetor is subservient to the Imperator, effectively acting as his representative. In practice, however, praetors have ''de facto'' authority over their province and the Imperator seldom interferes at the provincial level. Praetors are part of a sub-committee within the [[Tribunal Assembly (Caphiria)|Tribunal Assembly]], an assembly of the [[Corcillum]] responsible for the public administration of Caphiria. Praetorian appointments are a prerogative of the [[Senate (Caphiria)|Senate]], initiating a selection process that invites the entire social class to partake, with the expectation of immediate dedication to their provincial duties. This structure not only ensures direct Caphirian rule over its provinces but also allows the Imperator to retain ultimate control, with the ability to dismiss any praetor, a decision that can only be countered by a Tribune's veto. However, only by majority vote from the Senate can provinces be formed or dissolved; not even the Imperator has the (legal) authority to add, remove, or modify a province.
 
The central government delegates many functions (such as education and the police force) to provinces and prefectures, but retains the overall right to control them. The ''provinciarum'' - the provincial government, is free to organize its executive departments but provinces lack separate legislative authority and therefore cannot write their own statutory law. They levy their own taxes and, in return, receive a decreasing part of their budget from the central government, which gives them a portion of the taxes it levies. They also have considerable budgets managed by a regional council made up of representatives voted into office in provincial elections. The main functions of provinces are planning regional development, executing public investment projects, promoting economic activities, and managing public property. Provinces can perform additional functions, based on varying local laws in each region. In addition, provinces have considerable discretionary power over infrastructure spending, e.g., education, public transit, universities and research, and assistance to business owners. This has meant that the heads of wealthy provinces such as [[Narico]] or [[Isuriana]] can be high-profile positions.
 
The state confers absolute command over the [[Imperial Armed Forces of Caphiria]] - an extensive network including 13 million active-duty military personnel and 7 million executive branch employees - to the Imperator. As the top of the pyramid of command (''pyramidis imperia''), their orders must be followed without exception. However, 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. The highest distinct military officer is the Marshal General of the IAF, who oversees each service branch and coordinates military action with the Prime Minister of Defense, the highest civilian leader within the Imperial Armed Forces. The ''[[Caetus Legati]]'', a special military council consisting of individuals from the highest echelons of Caphirian military and civilian power, carries out large scale decision-making. Alongside the Imperator, members may include any of the service branch [[Legate (Caphiria)|Legates]], the Marshal General of the IAF, and other emissaries such as the Prime Minister of Defense.


The Imperator relies on the Office of the Imperium, the principal executive organ through which his Prime Minister leads. This Office consists of the Prime Minister, the chair of the council, who is appointed by the Imperator after consultations and is confirmed by a vote of both houses of the Senate, and all of the Ministers, according to the request of the Prime Minister. These ministries are the de facto administers of the government of Caphiria, serving the functions of the federal government on behalf of the Imperator. Ultimately though, the powers of the Office of the Imperium rest in the hands of the Imperator of Caphiria until the ministers assume their offices.
Management of military affairs works is split between the two departments of the [[Ministry of Defense (Caphiria)|Ministry of Defense]]: the [[Department of Military Defense]] (DMD), which is responsible for the practical implementation of wartime strategy and resources, and [[Department of Civilian Defense]] (DCD) which is the administrative and civilian backbone of the Caphirian military-industrial complex. The DMD has statutory authority to conduct all the affairs of the uniformed services under the authority, direction and control of its head, the Legate of the Military (''Legatus Militum''). The DCD maintains the static defenses of the Imperium, initiates new defensive installations on land, and is responsible for ordering, coordinating and carrying out the general guidelines of the Government about the defense policy. It determines and oversees: the policies of defense, military alliances, the conduct of war, and most importantly the expenses and budget of the military. The [[National Guard (Caphiria)|National Guard of the Imperium]] (''Castellanae Imperiae'') also falls under the jurisdiction the DCD.


While the Imperator maintains executive power at the highest level, he delegates power and authority to a Praetor (governor) to administer the Imperium's 21 provincial-level divisions. Under normal circumstances, available praetorian posts are brought before the Senate in August so that elections can be held to fill them with ambitious citizens. Because praetorship is directly devolved from the Imperator, they are governing as representatives of the Imperator himself and must enforce his will and sovereignty above all else. All members of the patrician class can run for these offices, the stipulation being that they quit their current job and leave for their appointed province no more than two months after winning their election (making holders of major offices such as Princeps Senatus and Imperator ineligible). The purpose behind praetorship is for every province (with the exception of Venceia) to be administered by a citizen from Caphiria itself. This is a relic of the custom of maintaining direct Caphirian rule over all the provinces. However, the Imperator can impeach any reigning praetor, forcing a new election unless the impeachment is vetoed by the Tribune.
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 Imperator also serves as military commander-in-chief and chief diplomat, directly presiding over the 13 million active-duty military personnel, 7 million employees within the executive branch, and 4 ministries. While the Imperator possess near limitless executive power, the Senate has the ability to legally oppose most of the Imperator's actions by a super-majority.
=Legislative branch=
=Legislative branch=
{{main|Corcillum}}
{{main|Corcillum}}
The legislative branch of Caphiria is called [[Corcillum|The Corcillum]], a tetracameral legislature consisting of four chambers: the [[National Assembly (Caphiria)|National Assembly]], [[Military Assembly (Caphiria)|Military Assembly]], [[Tribunal Assembly (Caphiria)|Tribune Assembly]], and the [[Senate (Caphiria)|Senate]]. A combination of ''mais maiorum'' and statute determines the roles of each chamber. Many measures must be considered by more than one chamber, and these measures are known as "final decrees" (''consultum ultimum'') as their decisions cannot be overridden due to their acceptance by more than one chamber.
The legislative branch of Caphiria is called the [[Corcillum]], a tetracameral legislature consisting of four chambers: the [[National Assembly (Caphiria)|National Assembly]], [[Military Assembly (Caphiria)|Military Assembly]], [[Tribunal Assembly (Caphiria)|Tribune Assembly]], and the [[Senate (Caphiria)|Senate]]. A combination of ''mais maiorum'' and statute determines the roles of each chamber. Many measures must be considered by more than one chamber, and these measures are known as "final decrees" (''consultum ultimum'') as their decisions cannot be overridden due to their acceptance by more than one chamber.


The four chambers are divided into two categories; those which are said to be "representative", which are the Senate and National Assembly, and those which are said to be "meritorious", which are the Military and Tribunal Assemblies. The representative assemblies are viewed as a direct voice of the people of Caphiria within the nation's decision-making, whereas the meritorious chambers are the voice of those who are viewed to have sacrificed on behalf of the nation as a consequence of their service.
The four chambers are divided into two categories; those which are said to be "representative", which are the Senate and National Assembly, and those which are said to be "meritorious", which are the Military and Tribunal Assemblies. The representative assemblies are viewed as a direct voice of the people of Caphiria within the nation's decision-making, whereas the meritorious chambers are the voice of those who are viewed to have sacrificed on behalf of the nation as a consequence of their service.
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Each chamber functions semi-autonomously from one another and as a result, the National Assembly has nominal authority over the entire Corcillum which means the National Assembly is functionally the national legislature. The Military Assembly is composed of every Commander in the [[Imperial Armed Forces of Caphiria|Imperial Armed Forces]] and are responsible of the conduct of wars as well as the prosecution of war and peace. The Tribune Assembly is composed of [[Magistrates of Caphiria#Non-parliamentary%20magistrates|non-parliamentary magistrates]] such as Aediles, Proaediles, Censores, and more. The Tribune Assembly is responsible for nationwide administrative tasks, and the organizing and reorganization of provinces and regions. The fourth chamber, the Senate, deals with national economic policy and treaties relating to trade, succession, grants of nobility, and more. Members of the National Assembly and Senate are chosen through direct election and every member of the Corcillum is elected to a five-year term. Through their legislative role, the Imperator is the legal head of the Corcillum (and by extension the head of each chamber) but rarely executes this power. The most-senior official in the Corcillum is the leader of the [[National Assembly (Caphiria)|National Assembly]] - the First Tribune.
Each chamber functions semi-autonomously from one another and as a result, the National Assembly has nominal authority over the entire Corcillum which means the National Assembly is functionally the national legislature. The Military Assembly is composed of every Commander in the [[Imperial Armed Forces of Caphiria|Imperial Armed Forces]] and are responsible of the conduct of wars as well as the prosecution of war and peace. The Tribune Assembly is composed of [[Magistrates of Caphiria#Non-parliamentary%20magistrates|non-parliamentary magistrates]] such as Aediles, Proaediles, Censores, and more. The Tribune Assembly is responsible for nationwide administrative tasks, and the organizing and reorganization of provinces and regions. The fourth chamber, the Senate, deals with national economic policy and treaties relating to trade, succession, grants of nobility, and more. Members of the National Assembly and Senate are chosen through direct election and every member of the Corcillum is elected to a five-year term. Through their legislative role, the Imperator is the legal head of the Corcillum (and by extension the head of each chamber) but rarely executes this power. The most-senior official in the Corcillum is the leader of the [[National Assembly (Caphiria)|National Assembly]] - the First Tribune.
=Judicial branch=
=Judicial branch=
The judicial branch for the Imperium is the [[Supreme Court (Caphiria)|Supreme Court]] (''Tribunalis Ultima'') which is itself a function of the Ministry of Justice which administers and oversees the overall judicial system. Decisions ruled as part of a proceeding in the Supreme Court cannot be overruled elsewhere, unless the relevant law is changed by senatus consultum. 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.
{{main|Judiciary of Caphiria|Law of Caphiria}}
 
The judicial branch of Caphiria is known as the 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''.
 
The Caphirian judicial system is based on civil law; its core principles are entirely codified into a normative system which serves as the primary source of law, which means judicial decisions of the supreme court, as well as those of lower courts, are binding within the frame of reference of each individual case submitted, but do not constitute the base for judicial precedent for other future cases as in Common Law. It is worth noting that while in Civil Law jurisdictions the doctrine of stare decisis (precedent) does not apply, however, in practice the decisions of the Supreme Court of usually provide a very robust reference point in jurisprudence constante. The two essential aims of the Supreme Court of are to ensure that lower courts correctly follow legal procedure, and to harmonize the interpretation of laws throughout the judicial system. Caphiria's court system divided into two broad categories - national and local - with five primary courts (''prima atrium legis'') and several special courts (''solutus'' ''atrium legis''). National courts generally have jurisdiction over all civil and criminal matters triable in the judicial system. In contrast, local courts are restricted to minor civil matters and the majority of criminal and summary prosecutions.
 
The [[Supreme Court (Caphiria)|Supreme Court of Caphiria]] (''Tribunalis Ultima'') is the highest court within Caphiria, which operates independently from the Ministry of Justice. It 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 denies the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A verdict confirmed by the Supreme Court is final and definitive and cannot be further appealed for the same reasons. Decisions ruled as part of a proceeding in the Supreme Court cannot be overruled elsewhere unless the relevant law is changed by ''senatus consultum''. 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.


In Caphiria, judges are public officials and, since they exercise one of the sovereign powers of the Imperium, only citizens of the Imperium are eligible for judgeship. In order to become a judge, applicants must obtain a degree of higher education as well as pass written and oral examinations. However, most training and experience is gained through the judicial organization itself. The potential candidates then work their way up from the bottom through promotions. Caphiria's independent judiciary enjoys special constitutional protection from the executive branch. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted in due process before the Supreme Court. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. The Ministry of Justice also administer the prison system. Lastly, the Ministry of Justice receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal 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]]. The Court of Appeals also may hear from the district courts within their borders or, in some instances, from other designated national courts and administrative agencies. Three divisions are created within these courts: the criminal division, the labor division, and the civil division, which rules civil, family, and economic law matters. An inspection chamber may also be created to control the courts within the appeal court's jurisdiction. District Courts are the courts of the first instance for the national judicial system of Caphiria. The district court is both the court of original jurisdiction and appellate jurisdiction. As an appellate court, it hears appeals from the local courts within its territory, usually in specially designed appellate divisions or, in the case of smaller district courts, sections. There are also limited cases in which this court has original jurisdiction. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases as long as it relates to national law. The district courts exercise original jurisdiction over—that is, they are empowered to conduct trials in—the following types of cases:


The structure of the court system in Caphiria is:
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. Criminal cases tend to be second-class felonies or multiple delicts such as assault, baiting, or intentional infliction of emotional distress. The Provincial courts also handle some civil law disputes, for example, disputes over the contents of a business agreement or cases relating to family law and several other non-contentious matters; such as adoption and appointment of legal guardians. Proceedings are generally open to the public, but access can be restricted, for example, in cases about sexual offences.
*Inferior courts of original and general jurisdiction Intermediate appellate courts which hear cases on appeal from lower courts,
*Courts of last resort which hear appeals from lower appellate courts on the interpretation of law,
*Supreme Court of Caphiria
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.


According to the Constitution, the Supreme Court shall pass judgement on:
The lowest level court is the [[Prefectural court (Caphiria)|prefectural court]], which primarily handles small claims civil cases as well as minor criminal infractions. Prefectural courts can also handle criminal cases where imprisonment is for less than three years, such as petty hooliganism, public drunkenness, and severe traffic violations of a non-criminal nature, minor civil matters such as simple divorces, some property cases, disputes over land, and some labor cases. Additionally, the prefectural courts handle contractual issues, such as rights of ownership, contract changes, the performance of obligations, loans, bank accounts, and insolvency (bankruptcy) of juridical persons and natural persons. There are also several special courts or tribunals which will hear a narrower set of cases, as set down by legislation, such as military tribunals or migration courts.
*controversies on the constitutional legitimacy of laws issued by the State and Provinces and when the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling,
*conflicts arising from allocation of powers of the State and those powers allocated to State and Provinces, and between Provinces,
*charges brought against the Imperator,
*The constitutional court passes on the constitutionality of laws with no right of appeal.
The Caphirian judicial system is based on civil law and not based on common law. Its core principles are entirely codified into a normative system which serves as the primary source of law, which means judicial decisions of the supreme court, as well as those of lower courts, are binding within the frame of reference of each individual case submitted, but do not constitute the base for judicial precedent for other future cases as in Common Law. It is worth noting that while in Civil Law jurisdictions the doctrine of stare decisis (precedent) does not apply, however, in practice the decisions of the Supreme Court of usually provide a very robust reference point in jurisprudence constante. The two essential aims of the Supreme Court of are to ensure that lower courts correctly follow legal procedure, and to harmonize the interpretation of laws throughout the judicial system.


The Supreme Court is organized into two divisions: a criminal section and a civil section. The court has a general president who is appointed by the Imperator, The ''Magnus Judex'' (High Judge), a deputy, and each section has its own president.Cases brought to the supreme court are normally heard by a panel of five judges. In more complex cases, especially those concerning compounded matters of statutory interpretation an extended panel of nine judges hear the case. In addition, in every case submitted to the supreme court, the office of public prosecutor must state their interpretation of the applicable law, to assist and facilitate the court, in a consultative capacity, in reaching its final decision. 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 two ''lustra'' (10 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. The Council then elects the Presidents of the court. The President is elected from among its members in a secret ballot, by an absolute majority (8 votes in the case of a full court). If no person gets a majority, a runoff election between the two judges with the most votes occurs.
In Caphiria, judges are public officials and, since they exercise one of the sovereign powers of the Imperium, only citizens of the Imperium are eligible for judgeship. In order to become a judge, applicants must obtain a degree of higher education as well as pass written and oral examinations. However, most training and experience is gained through the judicial organization itself. The potential candidates then work their way up from the bottom through promotions. Caphiria's independent judiciary enjoys special constitutional protection from the executive branch. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted in due process before the Supreme Court. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. The Ministry of Justice also administer the prison system. Lastly, the Ministry of Justice receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice.


As a function of the Ministry of Justice, the High Judge also serves as Prime Minister of the Ministry of Justice which has its own place within the judicial system. 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 all of the Imperium's provincial and municipal court systems. Each provincial government possesses its own provinciarum judex, or provincial judge, who is subservient to the Ministry of Justice. While provincial judges have some leniency with their rulings and interpretations of the law, they are bound to the interpretation of law from the Ministry of Justice as a whole, meaning any ruling in one province will immediately affect the others.
=Budget=
=Budget=
{{main|National budget of Caphiria}}
{{main|National budget of Caphiria}}
For fiscal year (FY) 2026, the imperial government spent a total $23.7 trillion, equalling 41% of its GDP. The deficit equalled $779.7 billion, or 1.4% of GDP. Tax revenue amounted to $16.6 trillion and non-tax revenue amounted to $6.3 trillion, with total revenues equalling $22.9 trillion.  
For fiscal year (FY) 2026, the imperial government spent a total $23.7 trillion, equalling 41% of its GDP. The deficit equaled $779.7 billion, or 1.4% of GDP. Tax revenue amounted to $16.6 trillion and non-tax revenue amounted to $6.3 trillion, with total revenues equalling $22.9 trillion.  


Caphiria's domestic debt amounted to $2.7 trillion and with its foreign debt reaching $7.7 trillion, its total debt is $10.5 trillion. Caphiria's debt-to-GDP ratio is 19.2%.
Caphiria's domestic debt amounted to $2.7 trillion and with its foreign debt reaching $7.7 trillion, its total debt is $10.5 trillion. Caphiria's debt-to-GDP ratio is 19.2%.
As of 2026, the budget of Caphiria is:  
As of 2026, the budget of Caphiria is:  
{{Graph:Chart|width=100|height=100|type=pie|legend=Legende
|x=A,B,C,D,E,F,G,H,I|y1=100,200,150,300,100,100,150,50,200
|y2=7,8,9,8,8,9,10,9,5|showValues=}}
{| class="wikitable"
{| class="wikitable"
!Ministry
!Ministry
Line 90: Line 92:
!% of budget
!% of budget
|-
|-
|Ministry of the Treasury
|[[Ministry of the Treasury (Caphiria)|Ministry of the Treasury]]
|$579,662,193,018
|$579,662,193,018
|2.58%
|2.58%
|-
|-
|Ministry of Justice  
|[[Ministry of Justice (Caphiria)|Ministry of Justice]]
|$1,415,454,192,253
|$1,415,454,192,253
|6.3%
|6.3%
|-
|-
|Ministry of Diplomacy
|[[Ministry of Diplomacy (Caphiria)|Ministry of Diplomacy]]
|$2,022,077,417,504
|$2,022,077,417,504
|9%
|9%
|-
|-
|Ministry of Culture  
|[[Ministry of Culture (Caphiria)|Ministry of Culture]]
|$966,103,655,030
|$966,103,655,030
|4.3%
|4.3%
|-
|-
|Ministry of Defense
|[[Ministry of Defense (Caphiria)|Ministry of Defense]]
|$5,055,193,543,760
|$5,055,193,543,760
|22.5%
|22.5%
|-
|-
|Ministry of Intelligence
|[[Ministry of Intelligence (Caphiria)|Ministry of Intelligence]]
|$2,022,077,417,504
|$2,022,077,417,504
|9%
|9%
|-
|-
|Censorial Assembly
|[[Censorial Assembly]]
|$20,220,774,175
|$20,220,774,175
|0.09%
|0.09%
|-
|-
|Ministry of the Church
|[[Ministry of the Church (Caphiria)|Ministry of the Church]]
|$20,220,774,175
|$20,220,774,175
|0.09%
|0.09%
|-
|-
|Ministry of Infrastructure
|[[Ministry of Infrastructure (Caphiria)|Ministry of Infrastructure]]
|$3,100,518,706,839
|$3,100,518,706,839
|13.8%
|13.8%
|-
|-
|Ministry of Education  
|[[Ministry of Education (Caphiria)|Ministry of Education]]
|$2,612,973,373,952
|$2,612,973,373,952
|11.63%
|11.63%  
|-
|-
| Ministry of Health  
|[[Ministry of Health (Caphiria)|Ministry of Health]]
|$1,505,324,299,697
|$1,505,324,299,697
|6.7%
|6.7%  
|-
|-
| Ministry of Environment and Horticulture
|[[Ministry of Environment and Horticulture (Caphiria)|Ministry of Environment and Horticulture]]
|$1,082,934,794,708
|$1,082,934,794,708
|4.82%
|4.82%
|-
|-
|Ministry of Meteorology
|[[Ministry of Meteorology (Caphiria)|Ministry of Meteorology]]
|$1,100,908,816,197
|$1,100,908,816,197
|4.9%
|4.9%  
|-
|-
| Ministry of Commerce and Trade
|[[Ministry of Commerce and Trade (Caphiria)|Ministry of Commerce and Trade]]
|$963,856,902,344
|$963,856,902,344
|4.29%
|4.29%

Latest revision as of 22:36, 7 March 2024

Government of Caphiria
Formation1782; 252 years ago (as the Fourth Imperium)
Founding documentConstitution of Caphiria
Country Caphiria
LegislatureCorcillum
Meeting placeForum Magnum
LeaderImperator
HeadquartersAtaceris
Main organThe Imperium
CourtSupreme Court of the Imperium

The Imperial Government of Caphiria, colloquially referred to as The Imperium, is the national government of Caphiria, which covers 22 provinces and several overseas possessions, colonies, and territories. The Government of Caphiria is organized into three triumirs, or branches, which are Executive, Legislative, and Judicial. Power is vested by the Constitution of Caphiria in the Imperator, Corcillum, and Supreme Court, respectively.

In theory, the Imperium of 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 for all intents and purposes would be an autocratic-caesaropapist constitutional republic), with immense power is vested in a single leader - the Imperator of Caphiria - who serves as head of state and chief executive. 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 Senate 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.

Executive branch

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 their executive power is vast, it is not unchecked; the 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.

As the paramount head of state, the Imperator oversees the Council of Ministers, wielding the power to appoint and dismiss ministers, establish and dismantle ministries, and assign diplomatic and provincial roles at his discretion. The Imperator’s command is executed through the Office of the Imperium and led by the Prime Minister. The Prime Minister, chosen by the Imperator and validated by a vote from both houses of the Corcillum, orchestrates the Council’s operations. The ministries, nominated by the Prime Minister and appointed by the Imperator, act as the government's executive limbs, executing the will of the Imperator. As the central organ of the executive power, the Council's primary role is to actualize national political decisions and the Constitution provides 3 special powers to enable this: Legislative Initiative Power (maius legislativa initiandi), Decree Authority (auctoritas decretalis), and Regulatory Competence (competentia regulatoria). Legislative initiative power enables the Council of the Imperium to introduce bills to the national parliament, actively participating in the legislative process. It represents the Council's capacity to shape national legislation by proposing new laws and amendments, thereby influencing the legislative agenda directly. Decree authority encompasses the Council's ability to issue decree-laws in urgent situations and legislative decrees when legislative authority has been delegated by the Senate. This form of executive-legislative power allows the Council to respond swiftly to immediate needs and to exercise a significant legislative role, effectively shifting substantial legislative power from the Senate to the Council. The Decree Authority is a critical tool for the Council, enabling it to enact legal norms with the force of law, thereby bypassing the slower, more deliberative processes typical of parliamentary legislation. Regulatory competence grants the Council and its ministers the ability to issue regulations (regolamenti) that are subordinate to higher legislation but essential for its implementation and the day-to-day administration of the state. As the administrative heads of the State, ministers use this power to direct activities through the political process, ensuring that the executive branch's operations align with legislative intentions.

Provincial governance is entrusted to Praetors, tasked with enforcing his sovereignty throughout the Imperium's 25 provincial divisions. Praetors serve as the Imperator’s proxies through the concept of 'parallel autonomy', which refers to the unique relationship in which provinces - and by extension the provincial government - are administered directly by the Imperator, who passes autonomy to them through his imperium maius. This means that provinces have their own sovereignty that is separate from the Imperium yet they are directly controlled by it. In theory, the Praetor is subservient to the Imperator, effectively acting as his representative. In practice, however, praetors have de facto authority over their province and the Imperator seldom interferes at the provincial level. Praetors are part of a sub-committee within the Tribunal Assembly, an assembly of the Corcillum responsible for the public administration of Caphiria. Praetorian appointments are a prerogative of the Senate, initiating a selection process that invites the entire social class to partake, with the expectation of immediate dedication to their provincial duties. This structure not only ensures direct Caphirian rule over its provinces but also allows the Imperator to retain ultimate control, with the ability to dismiss any praetor, a decision that can only be countered by a Tribune's veto. However, only by majority vote from the Senate can provinces be formed or dissolved; not even the Imperator has the (legal) authority to add, remove, or modify a province.

The central government delegates many functions (such as education and the police force) to provinces and prefectures, but retains the overall right to control them. The provinciarum - the provincial government, is free to organize its executive departments but provinces lack separate legislative authority and therefore cannot write their own statutory law. They levy their own taxes and, in return, receive a decreasing part of their budget from the central government, which gives them a portion of the taxes it levies. They also have considerable budgets managed by a regional council made up of representatives voted into office in provincial elections. The main functions of provinces are planning regional development, executing public investment projects, promoting economic activities, and managing public property. Provinces can perform additional functions, based on varying local laws in each region. In addition, provinces have considerable discretionary power over infrastructure spending, e.g., education, public transit, universities and research, and assistance to business owners. This has meant that the heads of wealthy provinces such as Narico or Isuriana can be high-profile positions.

The state confers absolute command over the Imperial Armed Forces of Caphiria - an extensive network including 13 million active-duty military personnel and 7 million executive branch employees - to the Imperator. As the top of the pyramid of command (pyramidis imperia), their orders must be followed without exception. However, 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. The highest distinct military officer is the Marshal General of the IAF, who oversees each service branch and coordinates military action with the Prime Minister of Defense, the highest civilian leader within the Imperial Armed Forces. The Caetus Legati, a special military council consisting of individuals from the highest echelons of Caphirian military and civilian power, carries out large scale decision-making. Alongside the Imperator, members may include any of the service branch Legates, the Marshal General of the IAF, and other emissaries such as the Prime Minister of Defense.

Management of military affairs works is split between the two departments of the Ministry of Defense: the Department of Military Defense (DMD), which is responsible for the practical implementation of wartime strategy and resources, and Department of Civilian Defense (DCD) which is the administrative and civilian backbone of the Caphirian military-industrial complex. The DMD has statutory authority to conduct all the affairs of the uniformed services under the authority, direction and control of its head, the Legate of the Military (Legatus Militum). The DCD maintains the static defenses of the Imperium, initiates new defensive installations on land, and is responsible for ordering, coordinating and carrying out the general guidelines of the Government about the defense policy. It determines and oversees: the policies of defense, military alliances, the conduct of war, and most importantly the expenses and budget of the military. The National Guard of the Imperium (Castellanae Imperiae) also falls under the jurisdiction the DCD.

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.

Legislative branch

The legislative branch of Caphiria is called the Corcillum, a tetracameral legislature consisting of four chambers: the National Assembly, Military Assembly, Tribune Assembly, and the Senate. A combination of mais maiorum and statute determines the roles of each chamber. Many measures must be considered by more than one chamber, and these measures are known as "final decrees" (consultum ultimum) as their decisions cannot be overridden due to their acceptance by more than one chamber.

The four chambers are divided into two categories; those which are said to be "representative", which are the Senate and National Assembly, and those which are said to be "meritorious", which are the Military and Tribunal Assemblies. The representative assemblies are viewed as a direct voice of the people of Caphiria within the nation's decision-making, whereas the meritorious chambers are the voice of those who are viewed to have sacrificed on behalf of the nation as a consequence of their service.

Each chamber functions semi-autonomously from one another and as a result, the National Assembly has nominal authority over the entire Corcillum which means the National Assembly is functionally the national legislature. The Military Assembly is composed of every Commander in the Imperial Armed Forces and are responsible of the conduct of wars as well as the prosecution of war and peace. The Tribune Assembly is composed of non-parliamentary magistrates such as Aediles, Proaediles, Censores, and more. The Tribune Assembly is responsible for nationwide administrative tasks, and the organizing and reorganization of provinces and regions. The fourth chamber, the Senate, deals with national economic policy and treaties relating to trade, succession, grants of nobility, and more. Members of the National Assembly and Senate are chosen through direct election and every member of the Corcillum is elected to a five-year term. Through their legislative role, the Imperator is the legal head of the Corcillum (and by extension the head of each chamber) but rarely executes this power. The most-senior official in the Corcillum is the leader of the National Assembly - the First Tribune.

Judicial branch

The judicial branch of Caphiria is known as the Judiciary, which is overseen by the 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.

The Caphirian judicial system is based on civil law; its core principles are entirely codified into a normative system which serves as the primary source of law, which means judicial decisions of the supreme court, as well as those of lower courts, are binding within the frame of reference of each individual case submitted, but do not constitute the base for judicial precedent for other future cases as in Common Law. It is worth noting that while in Civil Law jurisdictions the doctrine of stare decisis (precedent) does not apply, however, in practice the decisions of the Supreme Court of usually provide a very robust reference point in jurisprudence constante. The two essential aims of the Supreme Court of are to ensure that lower courts correctly follow legal procedure, and to harmonize the interpretation of laws throughout the judicial system. Caphiria's court system divided into two broad categories - national and local - with five primary courts (prima atrium legis) and several special courts (solutus atrium legis). National courts generally have jurisdiction over all civil and criminal matters triable in the judicial system. In contrast, local courts are restricted to minor civil matters and the majority of criminal and summary prosecutions.

The Supreme Court of Caphiria (Tribunalis Ultima) is the highest court within Caphiria, which operates independently from the Ministry of Justice. It 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 denies the sentence, it can order the lower court to amend the trial and sentencing, or it can annul the previous sentence altogether. A verdict confirmed by the Supreme Court is final and definitive and cannot be further appealed for the same reasons. Decisions ruled as part of a proceeding in the Supreme Court cannot be overruled elsewhere unless the relevant law is changed by senatus consultum. 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.

Under the Supreme Court are the intermediate appellate courts - the Court of Appeals - and the primary criminal trial courts called District Courts. The Court of Appeals also may hear from the district courts within their borders or, in some instances, from other designated national courts and administrative agencies. Three divisions are created within these courts: the criminal division, the labor division, and the civil division, which rules civil, family, and economic law matters. An inspection chamber may also be created to control the courts within the appeal court's jurisdiction. District Courts are the courts of the first instance for the national judicial system of Caphiria. The district court is both the court of original jurisdiction and appellate jurisdiction. As an appellate court, it hears appeals from the local courts within its territory, usually in specially designed appellate divisions or, in the case of smaller district courts, sections. There are also limited cases in which this court has original jurisdiction. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases as long as it relates to national law. The district courts exercise original jurisdiction over—that is, they are empowered to conduct trials in—the following types of cases:

At the local level, there are Provincial courts that have authority and original jurisdiction of a single province and are responsible for two jurisdictional orders, civil and criminal. Criminal cases tend to be second-class felonies or multiple delicts such as assault, baiting, or intentional infliction of emotional distress. The Provincial courts also handle some civil law disputes, for example, disputes over the contents of a business agreement or cases relating to family law and several other non-contentious matters; such as adoption and appointment of legal guardians. Proceedings are generally open to the public, but access can be restricted, for example, in cases about sexual offences.

The lowest level court is the prefectural court, which primarily handles small claims civil cases as well as minor criminal infractions. Prefectural courts can also handle criminal cases where imprisonment is for less than three years, such as petty hooliganism, public drunkenness, and severe traffic violations of a non-criminal nature, minor civil matters such as simple divorces, some property cases, disputes over land, and some labor cases. Additionally, the prefectural courts handle contractual issues, such as rights of ownership, contract changes, the performance of obligations, loans, bank accounts, and insolvency (bankruptcy) of juridical persons and natural persons. There are also several special courts or tribunals which will hear a narrower set of cases, as set down by legislation, such as military tribunals or migration courts.

In Caphiria, judges are public officials and, since they exercise one of the sovereign powers of the Imperium, only citizens of the Imperium are eligible for judgeship. In order to become a judge, applicants must obtain a degree of higher education as well as pass written and oral examinations. However, most training and experience is gained through the judicial organization itself. The potential candidates then work their way up from the bottom through promotions. Caphiria's independent judiciary enjoys special constitutional protection from the executive branch. Once appointed, judges serve for life and cannot be removed without specific disciplinary proceedings conducted in due process before the Supreme Court. The Ministry of Justice handles the administration of courts and judiciary, including paying salaries and constructing new courthouses. The Ministry of Justice also administer the prison system. Lastly, the Ministry of Justice receives and processes applications for presidential pardons and proposes legislation dealing with matters of civil or criminal justice.

Budget

For fiscal year (FY) 2026, the imperial government spent a total $23.7 trillion, equalling 41% of its GDP. The deficit equaled $779.7 billion, or 1.4% of GDP. Tax revenue amounted to $16.6 trillion and non-tax revenue amounted to $6.3 trillion, with total revenues equalling $22.9 trillion.

Caphiria's domestic debt amounted to $2.7 trillion and with its foreign debt reaching $7.7 trillion, its total debt is $10.5 trillion. Caphiria's debt-to-GDP ratio is 19.2%. As of 2026, the budget of Caphiria is:

Ministry Funding % of budget
Ministry of the Treasury $579,662,193,018 2.58%
Ministry of Justice $1,415,454,192,253 6.3%
Ministry of Diplomacy $2,022,077,417,504 9%
Ministry of Culture $966,103,655,030 4.3%
Ministry of Defense $5,055,193,543,760 22.5%
Ministry of Intelligence $2,022,077,417,504 9%
Censorial Assembly $20,220,774,175 0.09%
Ministry of the Church $20,220,774,175 0.09%
Ministry of Infrastructure $3,100,518,706,839 13.8%
Ministry of Education $2,612,973,373,952 11.63%
Ministry of Health $1,505,324,299,697 6.7%
Ministry of Environment and Horticulture $1,082,934,794,708 4.82%
Ministry of Meteorology $1,100,908,816,197 4.9%
Ministry of Commerce and Trade $963,856,902,344 4.29%