The Inner and Outer Courts
Whereas The Grand Court of the Creatures of Earth creates law and Zaquroum implements it, both using the distinct imperial powers delegated to each, there’re times when conflicts may arise between laws and their interpretations. Zaquroum, due to the changing winds of political zeitgeists, may from time to time choose to interpret laws differently from the intentions of the Grand Court who wrote them, or from the past interpretations of previous Zaquroum cabinets. Laws and their interpretation may also run into conflict with the Standing Order of Rodinia, or imperial decrees issued directly by the Imperial Majesty.
The Imperial Inner Courts serve as the third independent branch of the imperial government and exist to arbitrate these disputes. It receives the Imperial Majesty’s powers of adjudication - the power to grant priority of one interpretation or law over another depending on the circumstances of the case. This can result in a law or sections thereof being repealed or abolished, and executive orders being nullified. It can also stipulate a specific interpretation for the purposes of clarifying ambiguity or conflicts between laws or with their interpretations.
The Inner Court system also handles all matters of criminal and civil law in the first instance, unless specific cases are appealed to the Outer Courts.
The Inner Court’s power to interpret imperial law supersedes the interpretations of Zaquroum, however, they must interpret the laws as written by the Grand Court of the Creatures of Earth. The only instance in which the courts can exert authority over the legislature is when the legislature is in violation of some element of the Standing Order, the highest written law of the land, or imperial decrees issued by the Imperial Majesty.
Cases landing in the courtrooms of the Inner Courts either relate to issues in imperial law, or issues of a constitutional nature. They don’t take cases concerning barony law (equivalent to local councils, mayoralties, and city commissions), county law (equivalent to regional laws covering thousands of baronies) or dutchy law (likened to national laws). However, any cases involving a conflict between these levels of law and imperial law can either be appealed or transferred to the Inner Courts or filed directly with them. In matters of imperial and constitutional law, the Inner Courts supersede all barony, county and dutchy court systems (including the Curia Regalis of the Great Houses, their own ‘supreme courts’ presided over by the Great House lords and matrons themselves).
Inner Court decisions are binding and treated as extensions of written law; they must be respected, followed, and enforced. Zaquroum and lesser executives of baronies, counties and dutchies are expected to enforce the law as instructed by the courts, and can’t enforce laws or sections thereof found to be constitutionally invalid or superseded by another law. These court decisions are also binding on the Great Houses, and all baronies, counties and dutchies.
This, in effect, means if a law is found to be unenforceable by the courts, then it’s functionally repealed or abolished. By convention, the relevant legislature must either symbolically repeal the law or amend it such that it becomes enforceable.
The courts defer to the below structure:
The Standing Order – All laws and interpretations must satisfy the Standing Order as written. The courts cannot have any say on amendments to the Standing Order.
Imperial Decrees – Similarly, all laws and interpretations must satisfy the contents of any Imperial decrees, as written. The courts cannot dispute any element of an imperial decree, and can’t act upon any conflict between an imperial decree and the Standing Order.
Imperial Law – All interpretations must adhere to the law as written by the Grand Court of the Creatures of Earth. Court interpretations are considered binding on Zaquroum and all barony, county and dutchy level executives. All Imperial laws written by the Grand Court of the Creatures of Earth, and lesser legislatures of baronies, counties and dutchies, must satisfy the Standing Order and any imperial decrees. Conflicts between imperial laws are the domain of the legislature, and the courts defer to them on this matter having reasoned the newer law supersedes the older provision.
Zaquroum Interpretations and Executive actions – These must adhere to the Standing Order, any imperial decrees, and imperial law as written. Conflicts between Zaquroum interpretations and executive actions are considered the domain of the executive, with the newer order or interpretation overriding the previous one.
The courts are split into two institutions: Inner and Outer.
The Inner Courts are the primary judicial body, servicing the vast number of cases at this level. There are on the order of 100’000 Inner Court jurisdictions covering all three billion habitats and worlds within the Weave of Worlds.
Arbiters are appointed by the Viceregal of Zaquroum to fill any open vacancies, and they serve a maximum of 20’736 years (10’000 in Rodinian base-12). A pool of candidates is maintained by the Outer Courts, containing Arbiters drawn from the dutchy level court systems and professionally vetted by their peers in this more senior Outer Court system. From this curated pool, the Viceroy and/or Archminister for Imperial Justice select candidates to fill open seats, with these candidates undergoing further vetting by the Telochat.
The involvement of the Outer Courts in curating this pool stems from the non-partisan isolation of the Outer Courts, as they’re controlled directly by the Imperial Majesty. In theory, the Outer Courts scrutinize candidate suitability based on the candidate’s experience and track record, and filter out candidates either too partisan or too influenced by the Great Houses.
The involvement of the Viceregal in appointing Arbiters from this pool represents a compromise between the people and the need for the law to be resilient to populism. As the people’s representative, the Viceregal appoints Arbiters from this pool who they feel best represent a balance between the people’s expectations of the society they live in versus the best interpretation of the law.
Inner Court Arbiters, as stewards of the law, are expected to hold themselves to immaculate public standards. There are strict rules regarding donations, expressing political views in public, political campaigning, affiliation with the Great Houses, conflicts of interest, and more. Accusations of corruption can be investigated either by the Grand Court of the Creatures of Earth, or the Outer Courts. Either body can remove Inner Court Arbiters if they conclude there’s been a breach of judicial standards.
It was once theorized that the Great Houses could capture some of the barony, county, and dutchy level courts through influencing these smaller and weaker institutions. They could then influence imperial politics sufficiently to elect a sympathetic Viceregal who would pick candidates from these lower courts and fill the Inner Courts with Great House sympathizers. The Telochat would catch some of them, however the Telochat primarily looked at their qualifications and competence, and not necessarily their politics. The Outer Courts were created as a political correction to the judiciary against the encroaching influences of the Great Houses.
Part of a ‘fourth branch of government’ meant to control partisanship, Grand Arbiters of the Outer Court system are selected from the Inner Courts by the Imperial Majesty and their ruling Curia Regis. These Grand Arbiters are chosen after extensive vetting to ensure no connection to, or influence from, any of the Great Houses. They themselves curate the pool of candidates from which Viceregals pick replacement Arbiters for the lower Inner Courts.
They have the power to conduct reviews and investigations into the conduct of lower Inner Court Arbiters, from claims of corruption (bribes, donations, etc) to legal malpractice (issuing decisions based on patently false or misleading interpretations of case law or written law, either maliciously or through incompetence). They also scrutinize procedural conduct, ensuring Arbiters don’t abuse technicality to defeat legitimate legal concerns brought before them. Finally, they’re empowered to scrutinize suspected Great House influence, such as reviewing decisions beneficial to them to reveal trends in Arbiters who continue to issue them favorable decisions even when the law would not suggest such an outcome. Their power of review into the conduct of Inner Court Arbiters is ultimately greater than either the Telochat or Polupat. Being very far removed from partisan politics, they more easily avoid accusations of bias when conducting such reviews.
They also serve as the appeal courts, taking on cases decided by the Inner Courts on grounds of appeal. The Outer Court of Session is the highest court in Rodinia, sitting above the Outer Court system as the imperial “supreme court”. Its decisions are subject to review only by the Imperial Majesty, and its members are appointed directly by them.
The Imperial Inner Courts serve as the third independent branch of the imperial government and exist to arbitrate these disputes. It receives the Imperial Majesty’s powers of adjudication - the power to grant priority of one interpretation or law over another depending on the circumstances of the case. This can result in a law or sections thereof being repealed or abolished, and executive orders being nullified. It can also stipulate a specific interpretation for the purposes of clarifying ambiguity or conflicts between laws or with their interpretations.
The Inner Court system also handles all matters of criminal and civil law in the first instance, unless specific cases are appealed to the Outer Courts.
Role
The Inner Court’s power to interpret imperial law supersedes the interpretations of Zaquroum, however, they must interpret the laws as written by the Grand Court of the Creatures of Earth. The only instance in which the courts can exert authority over the legislature is when the legislature is in violation of some element of the Standing Order, the highest written law of the land, or imperial decrees issued by the Imperial Majesty.
Cases landing in the courtrooms of the Inner Courts either relate to issues in imperial law, or issues of a constitutional nature. They don’t take cases concerning barony law (equivalent to local councils, mayoralties, and city commissions), county law (equivalent to regional laws covering thousands of baronies) or dutchy law (likened to national laws). However, any cases involving a conflict between these levels of law and imperial law can either be appealed or transferred to the Inner Courts or filed directly with them. In matters of imperial and constitutional law, the Inner Courts supersede all barony, county and dutchy court systems (including the Curia Regalis of the Great Houses, their own ‘supreme courts’ presided over by the Great House lords and matrons themselves).
Inner Court decisions are binding and treated as extensions of written law; they must be respected, followed, and enforced. Zaquroum and lesser executives of baronies, counties and dutchies are expected to enforce the law as instructed by the courts, and can’t enforce laws or sections thereof found to be constitutionally invalid or superseded by another law. These court decisions are also binding on the Great Houses, and all baronies, counties and dutchies.
This, in effect, means if a law is found to be unenforceable by the courts, then it’s functionally repealed or abolished. By convention, the relevant legislature must either symbolically repeal the law or amend it such that it becomes enforceable.
The courts defer to the below structure:
The Standing Order – All laws and interpretations must satisfy the Standing Order as written. The courts cannot have any say on amendments to the Standing Order.
Imperial Decrees – Similarly, all laws and interpretations must satisfy the contents of any Imperial decrees, as written. The courts cannot dispute any element of an imperial decree, and can’t act upon any conflict between an imperial decree and the Standing Order.
Imperial Law – All interpretations must adhere to the law as written by the Grand Court of the Creatures of Earth. Court interpretations are considered binding on Zaquroum and all barony, county and dutchy level executives. All Imperial laws written by the Grand Court of the Creatures of Earth, and lesser legislatures of baronies, counties and dutchies, must satisfy the Standing Order and any imperial decrees. Conflicts between imperial laws are the domain of the legislature, and the courts defer to them on this matter having reasoned the newer law supersedes the older provision.
Zaquroum Interpretations and Executive actions – These must adhere to the Standing Order, any imperial decrees, and imperial law as written. Conflicts between Zaquroum interpretations and executive actions are considered the domain of the executive, with the newer order or interpretation overriding the previous one.
Structure and Appointments
The courts are split into two institutions: Inner and Outer.
The Inner Courts are the primary judicial body, servicing the vast number of cases at this level. There are on the order of 100’000 Inner Court jurisdictions covering all three billion habitats and worlds within the Weave of Worlds.
Arbiters are appointed by the Viceregal of Zaquroum to fill any open vacancies, and they serve a maximum of 20’736 years (10’000 in Rodinian base-12). A pool of candidates is maintained by the Outer Courts, containing Arbiters drawn from the dutchy level court systems and professionally vetted by their peers in this more senior Outer Court system. From this curated pool, the Viceroy and/or Archminister for Imperial Justice select candidates to fill open seats, with these candidates undergoing further vetting by the Telochat.
The involvement of the Outer Courts in curating this pool stems from the non-partisan isolation of the Outer Courts, as they’re controlled directly by the Imperial Majesty. In theory, the Outer Courts scrutinize candidate suitability based on the candidate’s experience and track record, and filter out candidates either too partisan or too influenced by the Great Houses.
The involvement of the Viceregal in appointing Arbiters from this pool represents a compromise between the people and the need for the law to be resilient to populism. As the people’s representative, the Viceregal appoints Arbiters from this pool who they feel best represent a balance between the people’s expectations of the society they live in versus the best interpretation of the law.
Inner Court Arbiters, as stewards of the law, are expected to hold themselves to immaculate public standards. There are strict rules regarding donations, expressing political views in public, political campaigning, affiliation with the Great Houses, conflicts of interest, and more. Accusations of corruption can be investigated either by the Grand Court of the Creatures of Earth, or the Outer Courts. Either body can remove Inner Court Arbiters if they conclude there’s been a breach of judicial standards.
The Outer Courts
It was once theorized that the Great Houses could capture some of the barony, county, and dutchy level courts through influencing these smaller and weaker institutions. They could then influence imperial politics sufficiently to elect a sympathetic Viceregal who would pick candidates from these lower courts and fill the Inner Courts with Great House sympathizers. The Telochat would catch some of them, however the Telochat primarily looked at their qualifications and competence, and not necessarily their politics. The Outer Courts were created as a political correction to the judiciary against the encroaching influences of the Great Houses.
Part of a ‘fourth branch of government’ meant to control partisanship, Grand Arbiters of the Outer Court system are selected from the Inner Courts by the Imperial Majesty and their ruling Curia Regis. These Grand Arbiters are chosen after extensive vetting to ensure no connection to, or influence from, any of the Great Houses. They themselves curate the pool of candidates from which Viceregals pick replacement Arbiters for the lower Inner Courts.
They have the power to conduct reviews and investigations into the conduct of lower Inner Court Arbiters, from claims of corruption (bribes, donations, etc) to legal malpractice (issuing decisions based on patently false or misleading interpretations of case law or written law, either maliciously or through incompetence). They also scrutinize procedural conduct, ensuring Arbiters don’t abuse technicality to defeat legitimate legal concerns brought before them. Finally, they’re empowered to scrutinize suspected Great House influence, such as reviewing decisions beneficial to them to reveal trends in Arbiters who continue to issue them favorable decisions even when the law would not suggest such an outcome. Their power of review into the conduct of Inner Court Arbiters is ultimately greater than either the Telochat or Polupat. Being very far removed from partisan politics, they more easily avoid accusations of bias when conducting such reviews.
They also serve as the appeal courts, taking on cases decided by the Inner Courts on grounds of appeal. The Outer Court of Session is the highest court in Rodinia, sitting above the Outer Court system as the imperial “supreme court”. Its decisions are subject to review only by the Imperial Majesty, and its members are appointed directly by them.
Summary
- The Inner courts ensure the continuing validity of the Standing Order, Imperial Decrees, and Imperial Law against dubious interpretations and contradictory lower-level barony, county and dutchy law.
- Inner Court Arbiters are insulated from the Great Houses through vetting by the non-partisan Outer Courts and Telochat. They are somewhat representative of the people through their selection from curated dutchy level courts by the Viceregal.
- Inner Court Arbiters are subject to review, and removal in extreme cases, by the Outer Courts for corruption, malpractice, or overtly partisan decision making.
Comments