Government of Caphiria: Difference between revisions

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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.
 =Judicial branch=
-{{main|Judiciary of Caphiria}}
+{{main|Judiciary of Caphiria|Law of Caphiria}}
-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.
+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.
+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:
-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.
-The structure of the court system in Caphiria is:
-*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:
+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.
-*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.
+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.
-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.
+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=