Government of the Federated Districts of the Prefecture
From ExodusWar
The government of the Federated Districts of the Prefecture is a four branch constitutional federation. It was modeled after the government of the United States of America, but the founders believed that the executive supreme commander of the military should be a career military officer with actual leadership experience. Based on this, the duties of a President were split into civilian roles in the position of Consul, and military roles in the position of Prefect.
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[edit] Constitution
At the end of the Second Exodus War and the Imperial Civil War, the leaders of the resistance on various worlds that chose to ally with the Prefecture rebellion chose delegates to represent them in drafting the new Constitution. The military leaders of the rebellion were also involved. The three-day meeting became known as the "Convention of Admirals", due to the important contributions of then-Grand Admiral Anthony Hadrian and Admiral Robert Marshall. The Constitution is the cornerstone of the Prefecture government and no legislative law, civilian executive order, judicial ruling, military standing order, or international treaty can override it.
[edit] Executive Branch
The Prefecture has an executive branch headed by two officials: the Consul and the Prefect.
[edit] Consul of the Prefecture
Under the constitution, the Consul is elected for a four-year term. The Consul makes treaties, presides over the Senate, and advises the Prefect in military matters. Talaris Roi is the current Consul.
[edit] The Prefect
The Commander-in-Chief is the Prefect.
[edit] Executive-issued regulations and laws
[edit] Treaties
Treaties with other nations are negotiated by the Consul, but signed or refused by the Prefect. Once the treaty is signed, it must be ratified by both houses of the Congress.
When a treaty goes into effect, it rarely supercedes any of the District or National Laws, and never supercedes the Constitution.
[edit] Military Executive Orders
On rare occasions, the military makes standing executive orders. These only cover the conduct of military personnel and their combat engagements. Civilians and citizens are not subject to military orders.
[edit] Internal limits of the executive branch; checks and balances
The Curiate must ratify treaties. The Senate must ratify declarations of war. Both can overturn either.
[edit] Legislative branch
[edit] The Curiate
[edit] the Senate
[edit] Legislation adoption procedures
Odd rules on writing laws in the sunlight
[edit] Judiciary
It is the role of the Federal Department of Law Enforcement to capture and prosecute criminals, but one of the three Justices must present the evidence in the court.
In a courtroom trial, the Justices presume the defendant is innocent until he is proven guilty. If the prosecution cannot prove their case, the defendant goes free and the matter is considered settled. The defendant can even request a hearing to see if he was imprisoned wrongly, and if so the defendant is awarded fair compensation for their time of incarceration. Additionally, those responsible for falsely prosecuting a defendant are publicly flogged.
The defense and the prosecution both are counseled and organized by one of the Justices. There are no lawyers. The Justices traditionally switch roles every trial, so none of them becomes prejudiced in favor of any side.
The verdict is reached at the end of the trial, when the three Justices all give their opinions and weigh the evidence. Despite the fact that one of the Justices counsels the defense, and one of the Justices counsels the prosecution, they are almost always in agreement. To convict for a minor crime requiring only a public flogging, only two Justices must decide the defendant is guilty. To convict for a major crime with the death sentences, all three Justices must agree that the defendant is guilty.
[edit] Justices
"The Justices" is a title collectively held by three people in a courtroom setting: The Justice Clemente, the the Justice Algomor, and the Justice Sintasi.
The Justice Clemente's role is to organize testimony for the defendant, to present witnesses on behalf of the defendant, to present evidence on behalf of the defendant, and to challenge witnesses and evidence brought against the defendant by the prosecution. The Justice Clemente may not question any lay witnesses in the trial, due to hostile cross examination making many lay-persons afraid to testify, but may speak in rebuttal against testimony he believes is false. The Justice Clemente may question law enforcement witnesses in cross examination. The Justice Clemente represents the judicial quality of mercy.
The Justice Algomor's role is to organize testimony for the prosecution, to present witnesses and evidence against the defendant, and to order the police to assist the courts in carrying out the decisions of the court. The Justice Algomor cannot "lead" lay witnesses by direct questioning, but may ask general questions in order to get testimony about certain dates, persons, and events. If a guilty verdict is reached, the Justice Algomor signs the death warrant or the order of public flogging, and turns the convicted person over to the police to carry out the order. The Justice Algomor represents the judicial quality of death.
The Justice Sintasi's role is to listen to testimony presented by the prosecution and the defense, and to determine if there has been a violation of the defendant's rights under the Constitution. The Justice Sintasi determines whether evidence will be considered at trial, and is the only member of the court who may ask direct questions of lay witnesses. The Justice Sintasi also directs the court's schedule, and decides when the prosecution and the defense get to present evidence and witnesses. The Justice Sintasi represents the judicial quality of balance.
[edit] Appeals
There are many levels of court. The Local Justice serves a city-sized region. The Planetary Justice serves a planet. The District Justice serves a group of planets. The National Justice on Ueda serves the entire Federated Districts of the Prefecture. There is also a Military Justice, which only hears cases against soldiers.
A defendant is tried at the most appropriate level. Minor crimes are prosecuted by Local Justices. Upon conviction, there is no appeal. The defendant is simply dragged into the public square, flogged, and released. The matter is ended and the defendant is considered "cleaned" of their crimes.
Major crimes involving the death penalty are first tried at the Planetary Justice level. Upon conviction, the defendant gets an automatic appeal to the District Justice. The defendant is immediately transported to the District Justice, and the Justice Clemente hears the reasons given by the defendant for an appeal. The Justice Clemente and the Justice Sintasi discuss whether the defendant has an appropriate reason for the appeal. If they believe the defendant's appeal is appropriate, they hold a second trial at the District Justice level.
If the Justices at the District Justice level do not believe the defendant has an appropriate appeal, the defendant gets an appeal if their case is anything other than murder or rape. Convicted murderers and rapists who's appeals are denied are sent back to the Planetary Justice level to have their sentence carried out. Persons convicted of any other major crime involving the death penalty may appeal to the National Justice level. They are immediately taken to Ueda, where the process is repeated.
A typical high crime trial lasts two days at the Planetary Justice level, and the appeals process takes less than a day. After being convicted and after appeals, the condemned are dragged into the public square and hanged.
[edit] District Government
Governors of each world, District Council, etc
