Kiravian federalism: Difference between revisions

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==Federalism and the Emperor==
==Federalism and the Emperor==
From the outset of Kiravian federation, it was established that the [[Marble Emperor]] reigns both in the right of the Federacy and in the right of each province. The federal government and the provincial governments alike are instituted in the Emperor's name and govern on the Emperor's behalf.
From the outset of Kiravian federation, it was established that the [[Marble Emperor]] reigns both in the right of the Federacy and in the right of each province. The federal government and the provincial governments alike are instituted in the Emperor's name and govern on the Emperor's behalf. Imperial rights, powers, and prerogatives may be held at either the federal or provincial level. For example, the Emperor's power of {{wp|escheat}}, rights to {{wp|treasure trove}}, and ownership of {{wp|amber}} deposits are exercised by provincial governments; whereas the Emperor's {{wp|salvage rights}} and ownership of the {{wp|electromagnetic spectrum}} are exercised by the federal government.


==Judicial federalism==
==Judicial federalism==

Revision as of 12:44, 6 May 2023

The Kiravian Federacy is structured as an asymmetric federation in which the powers and responsibilities of governance are shared between the federal government and the governments of the various federal subjects, which include states, territories, and other regional entities, also referred to generically in Ænglish as provinces. The degree to and manner in which the federal subjects are self-governing varies according to their classification and the particular details of their constituting documents.

History


Under the Confederal Republics of Kirav, the purview of Confederal government was quite narrow, mainly limited to maintaining a common currency, enforcing customs, defensive works and raising armies in times of war, diplomatic and Urom relations, and running the Navy and postal service. The first Federal constitution significantly expanded the domestic power of the federal government, but largely maintained the assignment of the high politics of national security and foreign affairs to the federal government and the low politics of economic and social affairs to the states and territories. During the 20th century AD, the technological and economic changes of high modernity, as well as parallel developments in the Kiravian Remnant and Kiravian Union permanently disrupted the cleanly-delineated layer-cake model of Kiravian federalism. On the territory of the Kiravian Union, federalism was abolished. In the Kiravian Remnant, federalism was preserved, but the central government assumed a dramatically more powerful role in domestic affairs in order to maintain the rump federation's survival. The Restoration renewed public interest in subsidiarity and regional self-governance, but also a greater demand for regional parity and integrated economic development, resulting in the current arrangement of thematic and coöperative federalism.

Themes

The contemporary Kiravian Federacy is organised according to the principle of "thematic federalism" (glédistralix vuntirisēn), under which the provinces are divided among groups known as "themes" (Coscivian: glédistra). The themes were instituted under the Restoration Constitution to preserve national cohesion while addressing the differing policy needs of geographically distant regions, and to ensure fair representation of different regions in major political decisions. Themes are not a level of government in their own right and do not have any lawmaking powers. Thematic institutions, where they exist, are purely representative, deliberative, and coördinative.

Flag Theme Type Class Population (2030 Census) GDP/capita

Federation of Kiravian States Federative General X,000,000 Y,000
Commonwealth of Sarolasta Federative General X,000,000 Y,000
Sydonan People's Republic Unitary Special X,000,000 Y,000
Melian Archipelagic Republic Unitary Special X,000,000 Y,000
South Kirav Federative Special X,000,000 Y,000
Overseas Regions neuter General X,000,000 Y,000
File:High resolution Osean national flag.png Autonomous Regions Federative General X,000,000 Y,000

The themes have a constitutional role and are referenced in qualified majority voting in the federal legislative process and constitutional procedures such as the election of the Prime Executive. Themes also have a policy role: the Restoration Constitution advises that the application of federal policy should be uniform within themes as much as is prudent and vary among themes as much as prudent. Themes are most prominent in policy areas related to the movement of people and goods, as different approaches to migration controls and regulation of inter-provincial commerce have been adopted to accommodate the different development needs and cultural considerations of particular themes. In the ōvsix ("general") themes - the Federation, Sarolasta, and the Overseas Regions, such policies are set by the federal government and applied on a theme-by-theme (or province-by-province in the Overseas Regions) basis, whereas in the elurix ("special") themes - South Kirav, Sydona, and the Melian Isles - considerable authority is devolved to the provincial governments within the theme to agree upon a common policy for themselves within constitutional parameters.

Two themes - the Sydonan and the Melian - contain only one province each. In these "unitary themes", the government of the sole province represents the theme in constitutional procedures and exercises any devolved powers on its own. In most of the remaining themes, termed "federative themes", the constituent subjects create common institutions by interprovincial compact to carry out these functions. Sarolasta, for example, has a Commonwealth Council of ranking provincial legislators and cabinet officers, and a popularly-elected President who serves as a spokesman and public advocate. The Overseas Regions do not have any common institutions.

Policy distribution

Federal Concurrent Provincial
High Politics
National security
Foreign policy
Colonial policy
Migration policy
Civil defence Policing
Public order
Criminal justice
Economics
Monetary policy
Foreign commerce
Inter-provincial commerce
Competition law



Fisheries (deepwater)
Development policy
Industrial policy
Consumer protection
Financial regulation
Agricultural policy
Insolvency
Intra-provincial trade
Natural resources
Corporate governance
Labour policy
Land use policy
Licensing
Insurance policy
Fisheries (territorial waters)
Administration
Intellectual property
Nationality law and Consular services
‣ Citizenship and naturalisation
Ship registration
‣ Local and municipal government
‣ Elections
‣ Court administration
‣ Property law and registries
Marriage and guardianship
Civil registration
Vehicle registration
Treasure trove
Public Services
‣ Postal service
‣ Social Pension System






‣ Forest highways
‣ Healthcare financing







‣ Federal highways
‣ Public education
‣ Public universities
Housing policy, Public housing
Welfare
Mosquito control

Public utilities
Emergency services
‣ Health quarantine and colonies
‣ Other public roads
Cultural, Social, and Behavioural Policy
Imperial affairs and protocol
Video poker law
Traditional rulers
Drug policy
Holidays and observances
Language policy
Education policy
State churches
Privacy law

‣ Broadcasting
Censorship
Pyrotechnics policy
‣ Lotteries & Bookmaking
Pari-mutuel betting law
Beveraged driver persecution
Miscellaneous
Maritime policy
Space policy
‣ Environmental policy
Urom affairs
‣ Antiquities policy
‣ Field archæology

Modes of Concurrence

Classes

Provinces

Non-territorial federal subjects

Statehood

Statehood is a constitutional status accorded to some (but not all) provinces.

  • Full constitutional patriation - Whereas the chartered governments of other provinces are enacted (either unilaterally or bilaterally) by federal lawmaking bodies, can be revoked or suspended on federal authority, and require federal assent for amendments, state constitutions are creatures of state law alone. State constitutions must satisfy the minumum requirements laid out in Article F of the Kiravian constitution.
  • Central bank equity - States are required to pay up their share of capital in the Reserve Bank of Kirav, according to a decennial capital key that accounts for each state's gross regional product and population.
  • Fiscal autonomy - State governments are not subject to audit by federal agents.

Federalism and the Emperor

From the outset of Kiravian federation, it was established that the Marble Emperor reigns both in the right of the Federacy and in the right of each province. The federal government and the provincial governments alike are instituted in the Emperor's name and govern on the Emperor's behalf. Imperial rights, powers, and prerogatives may be held at either the federal or provincial level. For example, the Emperor's power of escheat, rights to treasure trove, and ownership of amber deposits are exercised by provincial governments; whereas the Emperor's salvage rights and ownership of the electromagnetic spectrum are exercised by the federal government.

Judicial federalism

The Kiravian justice system comprises the federal judiciary and the provincial judiciaries. The provincial court systems are distinct from the federal system and from each other, with each having its own organisational apparatus, norms, and body of cultivated law and precedent.

The overwhelming majority of legal matters in Kiravia are brought before provincial courts and addressed at that level, while most of the remainder originate in federal trial courts. The scope and volume of appeals from provincial courts to federal courts is more limited in Kiravia than in other federations, and generally only occurs after the entire provincial appellate process has been exhausted.

The jurisdiction of the federal judiciary is defined by the Kiravian constitution:

Fiscal federalism

The taxation régime in the KF is structured to ensure that the provinces have a sufficient independent domestic revenue base to finance good governance, while also providing adequate funding for common purposes such as national defence and structural support to underdeveloped regions.

Federal government revenue comes primarily from income taxes and customs duties, and secondarily from a selection of excises on interprovincial commerce. Provincial government revenue comes primarily from consumption taxes and land value tax, and secondarily from stamp taxes, and specific duties (e.g. on alcohol, tobacco, firearms, men's magazines, electricity). In some provinces, resource rents contribute significantly to the public coffers.

Both the Federacy (the Kiravian International Investment Fund) and a few resource-rich provinces (e.g. Korlēdan) operate sovereign wealth funds. The federal KIIF serves as an instrument of foreign policy and often furthers Kiravian strategic goals, whereas the provincial sovereign wealth funds mostly serve to defray certain administrative costs (for example, public school expenses) and support the government in times of fiscal emergency.

Structural and Devolved Funds

See also