Biotopia Government
Biotopia Government and Judiciary
Constitutional Secretary The Office of Constitutional Secretary is primarily concerned with the constitutional legality of federal legislation. It also conducts a number of other functions that involve what might be considered ‘parliamentary housekeeping’.
Referendums: It is the responsibility of the Office of Constitutional Secretary to write each referendum question. Although not responsible for census gathering or taxation both these departments frequently refer to the Constitutional Secretary for advice on wording and legal definition.
Public Acts: Members of the general public can submit Public Acts to the any level of government. Free legal advice and assistance on writing a Public Act is provided. A Public Act must meet parliamentary standards before being submitted by the Office of Constitutional Secretary to the Speaker of the Citizen Congress who tables the parliamentary agenda.
Ratification: All parliamentary legislation is directed to the Office of Constitutional Secretary for review. If it is deemed constitutionally viable then it will either be drafted as a referendum proposal or become law after signature approval by the Constitutional Secretary. If it is deemed unconstitutional the Prime Secretary may contest the decision by presenting the legislation before the Constitutional Council of the Elevated Court or it will be resubmitted to the Citizen Congress with recommended amendments.
The Prime Secretary presents a list of nominations after the expiration of the fixed six-year terms. However any non-partisan candidate supported by eight members of the parliament can be included. In a series of voting rounds the least popular candidates are eliminated with the final nominee being the new Constitutional Secretary for the next six years. The Constitutional Council of the Elevated Court (a five person panel) can over-rule a decision made by the Constitutional Secretary if it is contested.
Prime Secretary Based on a rotational system the Prime Secretary is role prescribed with the day-to-day running of government with responsibilities more akin to an interior ministry. Rotation is typically based on descending order of seniority and party share within the Executive Assembly; a new candidate is sworn into position on each New Years Day until the next election when a new Executive Assembly is formed. The Prime Secretary is considered the first amongst equals.
Within the cabinet the Prime Secretary establishes the agenda of each meeting and acts as an arbitrator. They may only vote if there is an even split between executive members. As a member of the legislative council the Prime Secretary is able to vote freely in the Citizen Council. The Prime Secretary is also granted special powers of representation that expands their duties to include:
[list][*][/list]The receiving and dispatching Letters of Credence [**]Signing of international treaties and intra-governmental agreements Representation of the federal government at the regional and local level The appointment of senior positions within the civil service Nominating the selection list for the Constitutional Secretary
Executive Assembly Like a regular cabinet each member is able to table information and policy guidelines to be debated and voted on within the Executive Assembly. Under ordinary circumstances a motion needs a simple majority to be passed although the Prime Secretary can cast the deciding vote in a draw. The Executive Assembly also enjoys special responsibilities relating to times of emergency and national crises mostly the ability to appoint an Armed Secretary during wartime preparations and to issue a Decree of Distress if the parliament is unable to convene.
Under the Decree of Distress the Executive Assembly can pass a number of laws without the need for parliamentary approval or ratification from the Constitutional Secretary. The range of these laws is limited and subject to review once the emergency has subsided. All cabinet positions except that of Prime Secretary are divided into two related but separate departments. As modern government has expanded to include a diverse and dynamic role it has become necessary to amalgamate certain responsibilities while checking the expansion of the Executive Assembly.
Under these terms a member of the Executive Assembly will be referred to as the Administrator. Each Administrator is responsible for a department (eg: Department of Agriculture & Rural Affairs) which are divided into composite offices, boards, councils and programs (eg: Office of Land Management, Federal Grain Board, Council on Salinity Policy). Offices are usually established sub-sections of the overarching Department which allocates budgets, research funding and attempts to direct a cohesive direction in policy. Boards typically refers to trading organisations that are either part of or in affiliation with a department and a Council is used to describe any body charged with researching a subject and developing recommendations on government policy.
The list of seats in the Executive Assembly:
Agriculture & Rural Affairs Business & Finance Communications & Transport Culture & Environment Education & Science Foreign Affairs & Trade Health & Emergency Services Industry & Infrastructure Justice & Security Prime Secretariat Social Affairs & Welfare
Citizen Congress Representation is based on constituencies of roughly the same population size based on the constraints of geo-political realties of distance and population distribution. Legislation is initiated in the lower house and it also the house of parliament that the members of the Executive Assembly are selected from. The Citizen Congress has several unique powers and properties:
Given more members Elected more often and all at once Given total control over the budget and monetary laws
Federal Senate The Citizen Congress is the chamber of parliament established to represent the ‘will of the people’ in contrast the Federal Senate represents the ‘will of the members’ meaning the provincial members of the federation. The difference between the two houses is an attempt to balance the democratic equality of each citizen and the ideals of federalism. The senate is elected in portioned stages for longer terms. There are three representatives for each province with one representative being appointed by the parliament of each province. The essence of the senate is to act as a house of review and has some limited powers to this effect.
The senate can block supply of the budget Defer legislation to the Constitutional Secretary A majority vote by 66% of the senators can force the Prime Secretary to present any legislation before the Constitutional Council of the Elevated Court
Judiciary
'Elevated Court' The Elevated Court exercises both original and appellate jurisdiction. It is the highest Court of appeal. The Constitutional Council of the Elevated Court is especially designated for the judicial review of Constitutional law and the Arbitration Council is used and cases relating to the federal level of government including disputes between states. The powers of the Elevated Court can be summarised as dealing with the following matters:
Arising under any treaty Affecting consuls or any other representative of another country In which the federal government, or a person suing or being sued on behalf of the federal government is a party Between provinces, or between citizens of different provinces, or between a province and the citizen of another province In which a writ, mandamus or injunction is sought against an officer of the federation
Constitutional Council of the Elevated Court The role of Constitutional Secretary was created to have a permanent board of review for all federal law without engaging the expensive and timely process of the courts for each item of legislation. Not all decisions by the Constitutional Secretary are accepted and the Prime Secretary is capable of appealing for a final ruling by the Constitutional Council of the Elevated Court. The council like the Constitutional Secretary solely deals with the issue of legality in federal law and in cases were a province or citizen appeals a certain law as unconstitutional. The Constitutional Council is always used as the final resort in any such dispute.
Arbitration Council of the Elevated Court Not all cases presented before the Elevated Court require hearing from a panel of judges and many are deemed arbitrary matters. This is typically when two parties agree to the definition of the law but dispute the level of compensation or degree of responsibility. It is frequently used in disputes between federal employees and the federal government as well as negotiating legal agreements between the federal government and a province or between two or more provinces.
