Politics of Castadilla
The politics of Castadilla take place within the framework of a semi-constitutional monarchy determined by Castadilla. The nation declares itself to be an "indivisible, secular, democratic, and social Monarchy". The constitution provides for a separation of powers and proclaim Castadilla's "attachment to the fundamental principles of the Velvet Revolution, the principles of national sovereignty, and the principles of socialism as laid out by the Velvetines."
The political system of Castadilla consists of an executive branch, a legislative branch, and a judicial branch. Executive power is exercised by the Commander-in-Chief and the Magisterial Council. The Magisterial Council consists of the Prime Minister and state ministers. The Prime Minister is appointed by the Commander-in-Chief, and is responsible to the National Assembly. The magisterial council, including the Prime Minister, can be revoked by the Congress of the Commons, the lower house of the National Assembly, through a "censure motion", this ensures that the Prime Minister is always supported by a majority of the lower house (which, on most topics, has prominence over the upper house).
The National Assembly consists of the Congress of the Commons and the Congress of the Peerage. It passes statutes and votes on the budget; it controls the action of the executive through formal questioning on the floor of the houses of the National Assembly and by establishing commissions of inquiry. The constitutionality of the statutes is checked by the Supreme Court, members of which are appointed by the Commander-in-Chief, the Speaker of the Commons, and the Speaker of the Peerage. Living former Commanders-in-Chief are also members of the Supreme Court.
The independent judiciary is based upon the civil law system which evolved from the Caphiric legal system. It is divided into the judicial branch (dealing with civil law and criminal law) and the administrative branch (dealing with appeals against executive decisions), both united under one supreme court of appeal: the Supreme Court of Castadilla. The Castadillaan government includes various bodies that check abuses of power and independent agencies.
Castadilla is a federation; complete with major and minor administrative subdivisions, and their powers and responsibilities as spelled out in the Constitution. Castadilla is formally a monarchy with the Emperor holding symbolic power; it is because he is also the Commander-in-Chief that he is considered to be one of the most powerful people in Castadilla.
Castadilla is a member of the Vallosi Economic Association, having officially joined in the 2000s, and thus has an entire section dedicated to its membership in the VEA. This also means that Castadilla has to abide by any and all treaties, directives, and regulations passed by the VEA. VEA membership has enjoyed broad support from the populace.
Constitution
Castadilla's 30 April 1996 constitution reflected the country's 1994-96 move from authoritarian rule to provisional military government to a representative democracy with some Marxist and left-wing influence. The military coup in 1994, which became known as the Velvet Revolution, was a result of multiple internal and external factors like the Loaland campaigns that ended in removing the dictator, Nicolas Torres, from power. The prospect of a violent Marxist takeover in Delepasia (pre-1996 name for Castadilla) generated considerable concern among the country's neighbours. The revolution also led to the end of the sectarian Navidadian System which had ensured Delepasian dominance in national politics for decades. The 1996 constitution, which defines Castadilla as a "...Monarchy engaged in the formation of a classless society," was revised in 2005 and 2008.
The 2005 revision of the constitution placed the military under strict civilian control, abolished the Council of the National Revolution (a military body with legislative veto and quasi-judicial powers), and added in a new section dedicated to the country's recent ascension into VEA membership, beginning a path toward greater economic integration with its neighbours in Vallos. The 2008 revision added another new section dedicated to environmental protection.
The current Castadillaan constitution provides for a federal state with 19 regions having constitutionally-mandated status as first-level divisions, in stark contrast to the highly unitary nature of the Delepasian Commonwealth which had a third legislative house to represent the regions that was abolished in 1996.
Executive branch
Castadilla has a mixed constitution system of government somewhat based on that of Urcea's, with an Emperor, a Commander-in-Chief, and a Prime Minister. The Prime Minister is responsible to the National Assembly. The Emperor is elected in a complex electoral machinery designed to prevent the rise of imperial factions within the legislature. The Commander-in-Chief is designated upon the coronation of the Emperor.
The Emperor serves only a symbolic role in Castadilla, having no formal executive powers, and thus is a ceremonial and representative figurehead and not the chief executive. The lack of any Imperial prerogatives means that Castadilla is effectively a "crowned" semi-presidential republic, with the Commander-in-Chief serving as the "President".
The Commander-in-Chief, as the chief executive, is the pre-eminent figure in Castadillaan politics. He appoints the Prime Minister. The Commander-in-Chief may not de jure dismiss the Prime Minister, nevertheless they can, in practice, have them resign on demand. The Commander-in-Chief appoints the ministers, ministers-delegate, and secretaries. Because the Commander-in-Chief is supposed to be politically-neutral, and any political party or coalition that obtains control over the National Assembly creates a magisterial council in their name, the Commander-in-Chief is always the dominant player in executive action, choosing whomever they wish for the magisterial council, and can have it follow their political agenda (parliamentary disagreements do occur, though).
On the flip side, the Commander-in-Chief must choose a Prime Minister and magisterial council who reflect the majority in the National Assembly, and who may implement the agenda of the parliamentary majority, save for cases when the Commander-in-Chief invokes Article 16 of the Constitution, where they are given much more control over who can be Prime Minister, who can be in the magisterial council, and what agenda can be implemented.
Maximilian I was elected as Emperor on 21 May 1976, and has remained the Emperor since.
Francisco de Costa was designated as Delepasia's first Commander-in-Chief that same day, though his first election was not until 1977. The current Commander-in-Chief is Maximilian I, who was designated as such on 30 April 1996.
Magisterial council
The Prime Minister leads the magisterial council, which comprises of junior and senior members. It has at its disposal the civil service, government agencies, and the armed forces. The magisterial council is responsible to the National Assembly, and the Congress of the Commons may pass a motion of censure, forcing the resignation of the magisterial council. This, in practice, forces the magisterial council to reflect the same political party or coalition which has the majority in the Commons. Ministers have to answer questions from members of the National Assembly, both written and oral; this is known as the "questions to the magisterial council". In addition, ministers attend meetings of the houses of the National Assembly when laws pertaining to their areas of responsibility are being discussed.
Magisterial Council members cannot pass legislation without parliamentary approval, though the Prime Minister may issue autonomous regulations or subordinated regulations provided they do not infringe upon the National Assembly's domain, as detailed in the constitution. Ministers, however, can propose legislation to the National Assembly; since the Commons is usually politically allied to the ministers, such legislation is, in general, very likely to pass. However, this is not guaranteed, and, on occasion, the opinion of the majority parliamentarians may differ significantly from those of the executive, which often results in a large number of amendments.
The Prime Minister can engage the responsibility of his magisterial council on a law, under Article 49-3 of the Constitution. The law is then considered adopted unless the Congress of the Commons votes a motion of censure, in which case the law is refused and the magisterial council has to resign. As of 2032, the article has never been used by any Prime Minister.
Traditionally, the magisterial council comprises of members of three ranks. Ministers are the most senior members of the magisterial council; deputy members assist ministers in particular areas of their portfolio; ministers of state assist ministers in less important areas, and attend magisterial council meetings only occasionally. Before the Velvet Revolution in 1994, some ministers of particular political important were called "secretaries of state", the practice has continued under post-revolutionary Castadilla in a purely honourific fashion: ministers styled "Secretary of State" are of higher importance in the magisterial council.
The number of ministries and division of responsibilities and administrations between them varies from magisterial council to magisterial council. While the names and exact responsibilities of these ministries can changed, one can generally find at least:
- Ministry for the Economy, Industry and Employment (taxes, budget)
- Ministry of the Interior (law enforcement, relationships with regional and local governments)
- Ministry of Justice and Keeper of the Seals (prisons, running the court system, supervision of the prosecution service)
- Ministry of Education
- Ministry of the Armed Forces
- Ministry of Foreign Affairs
- Ministry of Transportation
(For more Castadillaan ministries, see the Castadillaan magisterial council ministers.)
The magisterial council has a leading role in shaping the agenda of the houses of the National Assembly. It may propose laws to the National Assembly, as well as amendments during parliamentary meetings. It may make use of some procedures to speed up parliamentary deliberations.
The magisterial council holds weekly meetings (usually on Wednesday mornings), chaired by the Commander-in-Chief, at the Residence of the Edifier.
Following the election of Maximilian I as Emperor, Fernando Pascual became Delepasian Prime Minister on 21 January 1976. The current Castadillaan Prime Minister is Francisco Carvalho since 21 January 1997.
Statutory instruments and delegated legislation
The Castadillaan executive has limited power to establish regulation or legislation. (See below for how such regulations or legislative items interact with statute law.)
Decrees and other executive decisions
Only the Commander-in-Chief and Prime Minister sign decrees, basically executive orders. Decrees can only be taken following certain procedures and with due respect to the constitution and statute law.
- The Commander-in-Chief signs decrees appointing and dismissing most senior civil and military servants, for positions listed in the Constitution or in statutes. He also signs decrees establishing some regulations. All such decrees must be countersigned by the Prime Minister and ministers concerned.
- The Prime Minister signs decrees establishing regulations, which the concerned ministers countersign. In some areas, they may constitute primary legislation, in some others they must be subordinate to an existing statute. In some cases, statutes impose a compulsory advisory review by the Supreme Court, as opposed to simple decrees.
The individual ministers issue ministerial orders in their fields of competence, subordinate to statutes and decrees.
Contrary to a sometimes used polemical cliché, that dates back from the late 1990s, neither the Commander-in-Chief nor the Prime Minister may rule by decree (outside of the narrow case of chief executive emergency powers).
Ordinances
The executive cannot issue decrees in areas that the Constitution puts under the responsibility of legislation, issued by the National Assembly. Still, the National Assembly may, through a habilitation law, authorize the executive to issue ordinances, with legislative value, in precisely-defined areas, Habilitation laws specify the scope of the ordinance. After the ordinance is issued, the magisterial council has to propose a ratifying bill in order that the ordinance becomes a law. If the National Assembly votes "no" to ratification, the ordinance is cancelled. Most of the time, the ratification is made implicitly or explicitly through a National Assembly act that deals with the subject concerned, rather than by the ratification act itself.
The use of ordinances is normally reserved for urgent matters, or for technical, uncontroversial texts. Ordinances are also used to codify law into codes - to arrange them for the sake of clarity without substantially modifying them. They are also sometimes used to push controversial legislation through, such as when Prime Minister Nicolas Torres created new forms of work contracts in 1990. The opposition then criticizes the use of ordinances in such contexts as anti-democratic and demeaning to the National Assembly. Note however that since the Congress of the Commons can dismiss the magisterial council through a motion of censure, the magisterial council by necessity relies on a majority in the National Assembly, and this majority would be likely to adopt the controversial law anyway.
Internal limits of the executive branch; checks and balances
The general rule is the magisterial council agencies and the civil service are at the disposal of the magisterial council. However, various agencies are independent agencies that have been statutorily excluded from the executive's authority, although they belong in the executive branch.
These independent agencies have some specialized regulatory power, some executive power, and some quasi-judicial power. They are also often consulted by the magisterial council or the National Assembly seeking advice before regulating by law. They can impose sanctions that are named "administrative sanctions". However, their decisions can still be contested in a judicial court or in an administrative court.
Some examples of independent agencies:
- The Imperial Bank of Castadilla, the central bank, is independent.
- The National Communications Institute (INC), which was previously named the Delepasian Telephony Institute (IDT), is an independent administrative authority for the open markets of telecommunications and postal services.
- The Regulatory Commission of Energy (CRE) is an independent administrative authority for the open markets of gas and electricity.
- The Securities Markets Authority (AMV) regulates securities markets.
- The Commission for Public Broadcasting (CRP) supervises the granting and withdrawing of emission frequencies for radio and television, as well as public broadcasting.
- The Commission on Political Campaigning (CCP) regulates the financing and spending of political parties and political campaigning.
Public media corporations should not be influenced in their news reporting by the executive in power, since they have the duty to supply the public with unbiased information. For instance, the Public Press Corporation (CPP) is an independent public corporation. Its resources must come solely from its commercial sales. The majority of the seats in its board are held by representatives of the Castadillaan press.
The magisterial council also provides for watchdogs over its own activities; these independent administrative authorities are headed by a commission typically composed of senior lawyers or of members of the National Assembly. Each of the two chambers of the National Assembly often has its own commission, but sometimes they collaborate to create a single Joint National Committee. For example:
- The National Commission for Computer Freedom (CNLI); public services must request authorization from it before establishing a file with personal information, and they must heed its recommendations; private bodies must only declare their files; citizens have recourse before the commission against abuses.
- The National Commission for Internal Surveillance (CNVI); the executive, in a limited number of circumstances concerning national security, may request an authorization from the commission for wiretaps (in other circumstances, wiretaps may only be authorized within a judicially-administered criminal investigation).
In addition, the duties of public service limit the power that the executive has over the Castadillaan Civil Service. For instance, appointments, except for the highest positions (the national directors of agencies and administrations), must be made solely on merit (typically determined in competitive exams) or on time in office. Certain civil servants have statuses that prohibit executive interference; for instance, judges and prosecutors may be named or moved only according to specific procedures. Public researchers and university professors enjoy academic freedom; by law, they enjoy complete freedom of speech within the ordinary constraints of academia.
Some important directories and establishments
The magisterial council also provides specialized agencies for regulating critical markets or limited resources, and markets set up by regulations. Although, as part of the administration, they are subordinate to the ministers, they often act with a high degree of independence.
- The Directory of Goods, Services, and Fraud Repression (DBSRF) regulates and controls the legality and safety of products and services available on the markets open to competition for all economic actors and private consumers, and can deliver administrative sanctions in case of abuses.
- The Directory of Public and Private Aviation (DAPP) regulates the traffic in the national air space and delivers the authorizations for airways, companies, and other private or public organizations and people.
- The National Employment Directory (DNE) maintained a public registry for the allocation of social benefits to unemployed people (but now a single registry is shared with the independent AIET paying them, a joint association of employers and workers unions), assists them as well as employers seeking people, and controls them. The Castadillaan State names its general director and the National Assembly provides for its finances and personnel, but it only fills one-third of the seats at its decision board of directors (the other seats are shared equally by unions of employers and of workers).
- The National Directory of Radio Broadcasting (DNR), a public establishment of an administrative character, regulates and maintains the allocation of radio frequency spectrum resources along with other international frequencies regulators and national registers (the CRP and INC) or public ministries, controls the operators on the national territory, and publishes compliance standards for manufacturers of radioelectric equipment.
His Imperial Majesty's Counter-Government
A Counter-Government is sometimes formed by the opposition parties in the Congress of the Commons, though this is uncommon.
Legislative branch
The National Assembly, making up the legislative branch, consists of two houses: the Congress of the Commons and the Congress of the Peerage; the Congress of the Commons is the pre-eminent body.
The National Assembly meets for one nine-month session each year: under special circumstances the Commander-in-Chief can call an additional session. Although parliamentary powers have diminished from those existing under the Delepasian Commonwealth, the Congress of the Commons can still cause a magisterial council to fail if an absolute majority of the total Commons membership votes to censure. It has never happened in the history of Delepasia nor Castadilla since 1976.
The magisterial council has a strong influence in shaping the agenda of the National Assembly. The magisterial council also can link its term to a legislative text which it proposes, and unless a motion of censure is introduced (within 24 hours after the proposal) and passed (within 48 hours of introduction - thus full procedures last at most 72 hours), the text is considered adopted without a vote.
Members of the Commons enjoy parliamentary immunity. Both assemblies have committees that write reports on a variety of topics. If necessary, they can establish parliamentary enquiry commissions with broad investigative power.
Congress of the Commons
The Congress of the Commons is the principal legislative body. Its 500 members of the Commons are directly elected for four-year terms in state-wide party-list proportional votes, and all seats are voted on in each election.
The Congress of the Commons may force the resignation of the magisterial council by voting a motion of censure. For this reason, the Prime Minister and their magisterial council are necessarily from the dominant party or coalition in the Commons. Because the Commander-in-Chief is supposed to be politically neutral, situations known as cohabitation are very rare. While motions of censure are periodically proposed by the opposition following magisterial council actions that it deems highly inappropriate, they are purely rhetorical; party discipline ensures that, throughout a parliamentary term, the magisterial council is never overthrown by the Commons.
Latest election
Congress of the Peerage
Temporal Peers are chosen by the upper houses of their states for four-year terms, and the entire House of Peers is renewed every four years. During the Delepasian Era, all Temporal Peers were appointed by the Commander-in-Chief. There are currently 266 Peers Temporal: 14 from each state in Castadilla.
Spiritual Peers are appointed based on their title's seniority, and are split between various sects of Christianity and even Marian Kapuhenasa. There are 20 Peers Spiritual, bringing the total up to 286 members.
The Congress of the Peerage's legislative powers are limited; on most matters of legislation, the Congress of the Commons has the last word in the event of a disagreement between the two houses.
Since the Velvet Revolution, the Congress of the Peerage has more or less reflected the composition of the Congress of the Commons. This is mostly due to the peerage election being held a week before the legislative election. This, and the indirect mode of election alongside the fact that it consists of not only members of the aristocracy but also senior members of the clergy, prompted some of the most prominent socialists in the nation to declare the Congress of the Peerage an "anomaly".
Latest election
Legislation adoption process
Statute legislation may be proposed by the magisterial council (cabinet), or by members of the National Assembly. In the former case, it is a magisterial council bill; in the latter case, a private member's bill.
All magisterial council bills must undergo compulsory advisory review by the Supreme Court before being submitted to the National Assembly. Since 2009, all bills submitted to the National Assembly must also come with a study of the possible impact of the law: other possible options, economical, social, financial, and environmental consequences.
Private member's bills cannot increase the financial load of the state without providing for funding.
Magisterial council bills start in the house of the magisterial council's choice (except in some narrow cases). Private member's bills start in the house where they have originated from. After the house has amended and voted on the text, it is sent to the other house, which can also amend it. If the houses do not choose to adopt the text in identical terms, it is sent before a commission made of equal numbers of members of both houses, which tries to harmonize the text. If it does not manage to do so, the Congress of the Commons can vote the text and have the final say on it (except for laws related to the organization of the Congress of the Peerage).
The law is then sent to the Commander-in-Chief of the Armed Forces for signature. At this point, the Commander-in-Chief of the Armed Forces. the speaker of either house or a delegation of 60 members of the Commons or 60 Peers can ask for the text to undergo constitutional review before being put in force; it is then sent before the Supreme Court. The Commander-in-Chief can also, only once per law and with the countersigning of the Prime Minister, send the law back to the National Assembly for another review. Otherwise, the Commander-in-Chief must sign the law. After being countersigned by the Prime Minister and the concerned ministers, it is then sent to the Official Gazette for publication.
Budget
Financing Acts and the Social Security Financing Acts are special Acts of the National Assembly voted and approved through specific procedures.
Because of the importance of allowing magisterial council and social security organizations to proceed with the payment of their suppliers, employees, and recipients, without the risk of a being stopped by parliamentary discord, these bills are specially constrained. In the past, parliamentarians would often add unrelated amendments to the finance bills, to get such amendments passed - because of the reduced time in which the budget is examined. However, these are nowadays considered unconstitutional. If the National Assembly cannot agree on a budget within some specified reasonable bounds, the magisterial council is entitled to adopt a budget through ordinances: this threat prevents parliamentarians from threatening to bankrupt the executive.
The way the Finance Bill is organized, and the way the magisterial council has to execute the budget, were deeply reformed in 2001. Because of the major changes involved, the application of the law was gradual, and the first budget to be fully passed under the full reforms was the 2006 budget, passed in late 2005.
These reforms divides expenses according to identifiable "missions" (which can be subdivided into sub-missions etc.). The performance of the administration and public bodies will be evaluated with respect to these missions.
Multiple offices
For many years it has been customary for members of the National Assembly to hold, in addition to the office of member of the Commons or Peerage, another local office such as mayor, hence titles like "Member of the Commons and Mayor", and "Member of the Peerage and Mayor". This is known as the cumulation of electoral offices. Proponents of this allege that having local responsibilities ensures that members of the National Assembly stay in contact with the reality of their constituency; also, they are said to be able to defend the interest of their city etc. better by having a seat in the National Assembly.
However, ever since 1997, this has been increasingly criticized. Critics contend that lawmakers that also have some local mandate cannot be assiduous to both tasks; for instance, they may neglect their duties to attend parliamentary sittings and commission in order to attend to tasks in their constituency. The premise that holders of dual office can defend the interest of their city etc. in the National Assembly is criticized in that national lawmakers should have the national interest in mind, not the advancement of the projects of the particular city they are from, especially when such advances would be better suited for the states to handle. Finally, this criticism is part of a wider criticism of the political class as a cozy, closed world in which the same people make a long career from multiple positions.
As a consequence, laws that restrict the possibilities of having multiple mandates have been enacted.
Economic and Social Council
The Economic and Social Council is a consultative assembly. It does not play a role in the adoption of statutes and regulations, but advises the lawmaking bodies on questions of social and economic policies.
The execute may refer any question or proposal of social or economic importance to the Economic and Social Council.
The Economic and Social Council publishes reports, which are sent to the Prime Minister, the Congress of the Commons, and the Congress of the Peerage. They are published in the Official Gazette.
Judicial branch
Castadillaan law provides for a separate judicial branch with an independent judiciary which does not answer to or is directly controlled by the other two branches of government. Castadilla has a civil law legal system, the basis of which is codified law; however, case law plays a significant role in the determination of the courts. The most distinctive feature of the Castadillaan judicial system is that it is divided into judicial and administrative streams.
Judicial courts
The judicial stream of courts adjudicates civil and criminal cases. The judicial court stream consists of inferior courts, intermediate appellate courts, state supreme courts, and the Supreme Court of Castadilla.
Judges are magisterial council employees but are granted special statutory protection from the executive. Judges have security of tenure and may not be promoted (or demoted) without their consent. Their careers are overseen by the Judicial Council of Castadilla.
The public prosecutors, on the other hand, take orders from the Minister of Justice. In the past, this has bred suspicion of undue political pressure to dismiss suits or claims against magisterial council officials charged with corruption, and the status of public prosecutors and their ties to the magisterial council are frequently topics of debate.
Trial by jury is available only for severe criminal cases, which are the jurisdiction of the Courts of Assizes. A full Court is made up of a 3-judge panel and a petty jury of 9 jurors (vs. 12 jurors on appeal), who, together render verdicts, and if a conviction is handed down, also determine a sentence. Jurors are selected at random from eligible voters.
In most other courts, judges are professional, except that the criminal court for minors is composed of one professional and two lay judges. Also, several specialty courts of original jurisdiction are sat by judges who are elected into office. For instance, labour tribunals are staffed with an equal number of magistrates from employers' unions and employees' unions. The same applies to land estate tribunals.
Pre-trial proceedings are inquisitorial by nature, but open court proceedings are adversarial. The burden of proof in criminal proceedings is on the prosecution, and the accused is constitutionally presumed innocent until proven guilty.
Administrative courts
Courts of administrative law adjudicate on claims and suits against magisterial council offices and agencies. The administrative stream is made up of administrative courts, courts of administrative appeal, and the Supreme Court of Castadilla as the court of last resort.
The Supreme Court hears cases against executive branch decisions and has the power to quash or set aside executive-issued statutory instruments such as orders and regulations when they violate constitutional law, enacted legislation, or codified law.
Court proceedings mostly involve written hearings and are inquisitorial, with judges having the parties submit written testimony or arguments.
Any jurisdictional dispute between the judicial and administrative streams are settled by the Supreme Court.
Financial courts
The Supreme Court and regional audit courts audit magisterial council finances, public institutions (including other courts), and public entities. The court publishes an annual report and can refer criminal manners to public prosecutors. It can also directly fine public accountants for mishandling funds, and refer civil servants who misused funds to the Court of Financial and Budgetary Discipline.
The main and regional audit courts do not judge the accountants of private organizations. However, in some circumstances, they may audit their accounting, especially when an organization has been awarded a magisterial council contract over a public utility or a service requiring the permanent use of the public domain of if an organization is a bidder on a magisterial council contract. The Court is often solicitated by various state agencies, parliamentary commissions, and public regulators, but it can also be petitioned to act by any Castadillaan citizen or organization operating in Castadilla.
The Court's finances are overseen by financial commissions of the two Congresses of the National Assembly which also set the Court's working budget in the annual Act of finances.
Supreme Court
Neither judicial nor administrative courts are empowered to rule on the constitutionality of acts of the National Assembly. While technically a judicial, administrative, and financial court, the Supreme Court of Castadilla examines legislation and decides whether or not it violates the Constitution. This applies, prior to their enactment, to all forms of organic laws, but only by referral from the Commander-in-Chief, Speaker of the Peerage, Speaker of the Commons, the Prime Minister, or any of the 60 Peers or 60 members of the Commons of the other types of laws or treaties. After their enactment, laws can all be reviewed by the Supreme Court. The Supreme Court may declare acts to be unconstitutional, even if they contradict the principles of the 1994 Velvet Revolution (cited in the Preamble of the Constitution).
Supreme Court justices are appointed for nine years (three every three years); three are appointed by the Commander-in-Chief, three by the Speaker of the Commons, and three by the Speaker of the Peerage. The former commanders-in-chief, if alive, are also members for life of the Supreme Court.
Ombudsman
In 2001 the position of Mediator of the Nation was created. The ombudsman is charged with solving, without the need to a recourse before the courts, the disagreements between citizens and the administrations of other entities with a mission of a public service; proposing reforms to the Magisterial Council and the administrations to further these goals; and actively participating in the international promotion of human rights.
The ombudsman is appointed for a period of 6 years by the Commander-in-Chief in the Cabinet. He cannot be removed from office and is protected for his official actions by an immunity similar to parliamentary immunity. He does not receive or accept orders from any authority. The current ombudsman is Jaun-Piae de Makron.
Castadillaan law
Basic principles
Castadilla uses a civil law system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law).
Many fundamental principles of Castadillaan Law were laid in such a system. Basic principles of the rule of law were laid here: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published (see Official Gazette).
In agreement with the principles formulated in the Velvet Revolution, the general rule is that of freedom, and law should only prohibit actions detrimental to society. Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality.
That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy.
Castadilla does not recognise religious law, nor does it recognise religious beliefs as a motivation for the enactment of prohibitions. As a consequence, Castadilla has had neither blasphemy laws nor sodomy laws (both of which were abolished in 1996).
Statutory law versus executive regulations
Castadillaan law differentiates between legislative acts, generally passed by the legislative branch, and regulations, issued by the Prime Minister. There also exist secondary regulation issued by ministers or state governments, with tertiary regulation issued by local authorities; these may only be taken in areas of competency and within the scope delineated by primary legislation. There are also more and more regulations issued by independent agencies, especially relating to economic matters.
According to the Constitution of Mobius (article 34): Statutes shall concern:
- Civil rights and the fundamental guarantees granted to citizens for the exercise of their public liberties; the obligations imposed for the purposes of national defence upon citizens in respect of their persons and their property;
- Nationality, the status and legal capacity of persons, matrimonial regimes, inheritance and gifts;
- The determination of serious crimes and other major offences and the penalties applicable to them; criminal procedure; amnesty; the establishment of new classes of courts and tribunals and the regulations governing the members of the judiciary;
- The base, rates and methods of collection of taxes of all types; the issue of currency.
Statutes shall likewise determine the rules concerning:
- The electoral systems of parliamentary assemblies and local assemblies;
- The creation of categories of public establishments;
- The fundamental guarantees granted to civil and military personnel employed by the State;
- The nationalisation of enterprises and transfers of ownership in enterprises from the public to the private sector.
Statutes shall determine the fundamental principles of:
- The general organization of national defence;
- The self-government of territorial units, their powers and their resources;
- Education;
- The regime governing ownership, rights in rem, and civil and commercial obligations;
- Labour law, trade union law, and social security.
Finances Acts shall determine the resources and obligations of the State in the manner and with the reservations specified in an institutional Act. Social Security Finance Acts shall determine the general conditions for the financial balance of Social Security and, in light of their revenue forecasts, shall determine expenditure targets in the manner and with the reservations specified in an institutional Act. Programme Acts shall determine the objectives of the economic and social action of the State.
The provisions of this article may be enlarged upon and complemented by an organic law.
Other areas are matters of regulation. This separation between law and regulation is enforced by the Supreme Court: the magisterial council can, with the agreement of the Supreme Court, modify by decrees the laws that infringe on the domain of regulations. At the same time, the Supreme Court also nullifies decrees that infringe on the domain of the law.
Order of authority for sources of the law
When courts have to deal with incoherent texts, they apply a certain hierarchy: a text higher in the hierarchy will overrule a lower text. The general rule is that the Constitution is superior to laws which are superior to regulations. However, with the quasi-case law of the administrative courts, the hierarchy may become somewhat unclear. The following hierarchy of norms should thus be taken with due caution:
- 1. Castadillaan Constitution, including the basic core constitutional values recognized by the laws of the Nation as defined by the Supreme Court;
- 2. International treaties and agreements;
- 3. Organic laws;
- 4. Ordinary laws;
- 5. Executive orders (advised on by the Supreme Court);
- 6. Other executive orders;
- 7. Rules and regulations;
- Of multiple ministers;
- Of a single minister;
- Of state governments;
- Of local authorities;
- 8. Regulations and decisions by independent agencies.
Administrative divisions
Castadilla's fifteen estados, three islas autónomas, and one distrito federal are structured within a political framework similar to that of the Nation. Each of them has their own bicameral legislative assembly. Each state had either a Monarch, a President, or a Mayor, who undertakes a role equivalent to that of the Supreme Head of the Nation at the federal level, a Commander-in-Chief or a Chief Executive who is the chief executive and thus is equivalent to the Commander-in-Chief at the federal level, and a Minister-President, or a Premier, who is the head of government and thus is equivalent to the Prime Minister at the federal level. Each of them also has its own supreme court, from which, appeals can be made to the Supreme Court of Castadilla.
Elections in the nineteen main administrative divisions are held at least once every four years, and like in the federal level election dates are fixed by legislation.
Due to differences in size and population, the subdivision of these states varies especially between the likes of the federal district and the autonomous islands in comparison to the estados. At the second level, these divisions are often referred to as provinces, counties, or boroughs. At the third level, there exists five hundred parishes, collectivities, and districts; these serve as the basis for the composition of the Congress of the Commons, and below that are the municipalities, grouped settlements, and neighbourhoods at the fourth-level. The fourth level is the local government tier, and thus are administered alongside the second and third levels by the first-level divisions themselves.