Outline for a System of Government

One day in late 2001 I was at work, trying to pass the time during a slow evening when the work was caught up and there was nothing much left to do. At the time I was working in retail, in a used bookstore to be exact, and during that time of year business fell off sharply after about 5:00 when the sun went down. For some reason I got to musing over governmental systems, and of the differences between a constitutional republic and the idea of a direct monarchy. I got to thinking about a way to combine the two, a way to combine a more democratic style of rule with what would technically be a monarchial government, similar in some ways to the type of constitutional monarchy seen in places like the United Kingdom, but one in which royalty takes an active role in setting governmental policy. I drafted the basic idea for it that night at work, and made a few refinements to it at home afterward. This was the result.

OUTLINE FOR A SYSTEM OF GOVERNMENT

The C'estan government is organized into three major branches: the Head of State, the House of Lords, and the House of Commons. Each of the two Houses is responsible for one level of government - the national level, and the local level, respectively. The Head of State is a hereditary office which is filled by descendants of Tor Lok, the commander of anti-traditionalist forces during the War for Independence.

The Prince/Princess:

The Head of State is a position of royalty, generally filled by the oldest direct descendant of Tor Lok. If said person is considered too young or too inexperienced for the office, the royal family chooses another person from its ranks, generally the nearest descendant to the direct line who possesses adequate qualifications. Upon the death or abdication of the Head of State, the position is filled by a direct descendant of Tor Lok and never by the oldest offspring of the former Head of State, unless they are the same person.

The power of the Head of State is restricted in certain areas by constitutional decree, but is otherwise without defined limit. However, his decisions can be overruled by a 2/3 overall majority vote of the two Houses. Treaties and other international agreements do not have the force of law unless approved by the Head of State, but must be made with the "advice and consent of the House of Lords" and approved by an overall 2/3 majority vote of the two Houses or a 3/4 majority vote of the House of Lords. Orders issued by the Head of State have the immediate force of law until and unless countermanded by a 2/3 overall vote of the two Houses.

The Head of State is responsible for the selection of members of the House of Lords, subject to approval by the House of Commons. Technically, he has the power to set the laws and to set national policy, and he can overrule any decision made by any government official in any branch of government. Nonaction on the part of the Head of State on any issue or policy is considered equivalent to approval.

The House of Lords:

The House of Lords is a 40-member body consisting of various individuals appointed by the Head of State as advisers/officials in different areas. Its members typically have direct power over various areas of governmental policy on the national level, subject to the Head of State. Technically, their policies and decisions do not have direct force of law; in practice, however, the House of Lords is the lawmaking branch of the national government. Its decrees can be overruled by the intervention of the Head of State, but this is rare.

Although no official criteria exist for their selection, members of the House of Lords are almost invariably experts in their respective fields. As head of a particular committee or department of the national government, a Lord in practice has direct control over his particular area of governmental policy. His decisions can be overruled by a 3/4 vote in the House of Lords or by the Head of State. If his decision is overruled by the Head of State, it cannot be reinstated by either House.

Acting as a body, the House of Lords has in practice the power to run the government on the national level, but no direct power over the local level (this power is retained by the Head of State). If a resolution passed by the House of Lords is countermanded by the Head of State, it can be reinstated by an overall 2/3 vote of the two Houses (a resolution, as opposed to the direct decision of a particular member over his own department or governmental agency).

Members of the House of Lords serve until removal by the Head of State, resignation, or death. They can be summarily removed at any time by the Head of State, but not until a successor has been named. All potential appointees to the House of Lords are subject to approval by the House of Commons; approval is considered to be given unless a 3/5 vote against the appointment is taken.

The House of Commons:

The House of Commons is a 60-member body consisting of elected representatives of various parishes (similar to states, but without autonomous local governments). Its members serve until removed by the voters of their respective areas. Removal cannot be effected until a successor is chosen. Terms of service vary by parish, and range from two years to life; these terms can only be changed by a referendum, but representatives are subject to immediate removal at any time during their service.

The House of Commons functions as the "voice of the people." Its members take up those issues important to their respective constituencies, and it has in practice ultimate authority over the local governmental affairs of the parishes, subject to the dictates of the Head of State. If the Head of State acts to overrule a decision made by the House of Commons, he can be overruled by a 3/5 vote in the House of Lords. In practice, the Head of State very rarely acts to overrule the House of Commons.

The House of Commons has the power to reject potential appointees to the House of Lords by a 3/5 vote, and its members cannot be dismissed by the Head of State. In actual practice, no appointee to the upper House has ever been rejected by the House of Commons. Members of the House of Commons have no direct power on the national level, and technically direct power over the local level of government is held by the Head of State, though in practice this power is exercised by the elected body of the lower House.

LIMITATIONS ON THE POWER OF EACH BRANCH

The Head of State:

The Head of State, in the person of the prince or princess, can summarily overrule any official of government on any level, and such a decision cannot be overridden. However, if the Head of State acts to overrule one of the two Houses, his decision can be overridden by a sufficient majority vote - 2/3 overall of the two Houses for the upper House, or 3/5 of the House of Lords for the lower House. To illustrate:

If the prince or princess overrules a decision (called a resolution) of the House of Lords, his decision can be overruled by an overall 2/3 majority vote of the two Houses. If the Head of State acts to overrule a decision or policy made by an individual member of the House of Lords, his decision has the force of law and cannot be overruled. At this point, the affected member of the House of Lords can move for a resolution to be made by the entire House (which requires the consent of 25 members) if he wishes to oppose the wishes of the monarch, but this is a potentially risky strategy as the monarch can remove members of the House of Lords at will.

If the prince or princess overrules a decision made by the House of Commons, his decision can be overruled by a 3/5 majority vote in the House of Lords. In practice, this is rarely ever done.

The Head of State also has the power to make decisions and decrees on his own. These decisions can be overruled by an overall 2/3 majority vote of the two Houses. Such issuances from the Head of State are to be distinguished from overrulings of decisions made by individuals in various levels of government - these cannot be overridden. The power to overrule decisions made by the monarch lies ONLY in cases of his overruling a decision made by either of the two Houses or in cases in which the Head of State acts on his own.

The Head of State does NOT have the power to remove or choose (except to choose under certain conditions) the Speaker of the House of Commons or to dismiss or appoint any of its members. He also lacks the power to dismiss any elected official in any level of government, although he retains the power to overrule any decision made by these individuals. The Head of State has the power to suspend local elections only in times of extreme emergency or disaster, and can order a new session of either House at will to take up a pressing issue or issues. The monarch does NOT have the power to force an end to a session of either House except in cases of emergency or disaster.

The House of Lords:

Individual Lords, as heads of their particular committees or departments, have the practical power to set governmental policy on the national level in a certain area. However, the House as a whole can overrule the decision of any particular member by a 3/4 majority vote. In practice, this is extremely rare; Lords are expected to attend to their own departments and leave the running of other departments to their presumably more knowledgeable colleagues. A Lord who makes an unacceptable policy faces removal by the Head of State in any event, and the reversal or countermanding of his decision by royal decree. If the House does act to override the decision of one of its members, the Head of State reserves the power to overrule the other Lords and reinstate the policy in question. In such a case, the monarch is acting to overrule a resolution, and the usual 2/3 overall vote of the two Houses is necessary to override his decision.

In passing resolutions, the House of Lords makes a statement about the way it believes something in government "ought to be." Resolutions can be taken for laws or policies that affect more than one department of the national level of government. In actual practice, resolutions are usually proposed only when a large number of agencies and departments are involved; when the body of the House wishes to oppose the policy or policies of one particular member or a group of members; when the issue is held to be of extreme importance and the wish is to help ensure against the possibility of a royal veto by acting as a group instead of as individuals; and in certain instances for which they are constitutionally required. The Head of State often requests or requires that a resolution be passed over a certain issue for the purpose of advising him in matters of policy. A resolution does not technically have the direct force of law - again, that power is the sole privilege of the Head of State - but in practice one can be taken for any act involving the governmental agencies and policies which fall under the purview of the House of Lords. Nonaction on the part of the body of Lords as a whole - the failure to vote against the policy or policies of a particular member or members - is construed as approval. If a resolution is not taken, then individual Lords who act together on issues of policy across departments act as individuals, and their orders are subject to summary veto by the Head of State.

Although it can act to overrule the Head of State on issues taken up by the House of Commons (see above), the House of Lords has no power to overrule the House of Commons.

The House of Commons:

Because they are directly elected and not subject to summary removal by the Head of State, representatives enjoy more independence from the Head of State than do their counterparts in the House of Lords. However, representatives are subject to summary removal by their constituents; furthermore, they have no direct influence in matters of national policy. Their say in such matters is for the most part limited to their approval or disapproval of candidates for the House of Lords. Representatives are also subject to the same countermanding of their decisions by the Head of State. Unlike the upper House, however, representatives have no power to play a part in overruling royal vetoes of their policies.

Members of the House of Commons represent their particular parish constituents, and work together to set policies involving politics on the parish, or local, level of government. The House of Commons decides the powers of local mayors, police forces, and the like, but technically has no direct power over any of these or over any but a few constitutionally-stipulated areas of local government - any and all of its decisions are subject to veto by the Head of State; once again, nonaction on the part of the monarch is considered equivalent to approval. The power of the House of Commons as a dominant force over other local agencies is kept in check by the ability of the voters to remove representatives at any time.

IMPORTANT OFFICES IN GOVERNMENT

The major positions in governmental politics are the Prime Minister, or speaker/representative of the House of Lords; the Royal Ambassadors; and the First Speaker, the leader of the House of Commons.

The Prime Minister:

The Prime Minister is appointed by the Head of State from the members of the House of Lords, and the choice cannot be overruled. The Prime Minister represents the government in international committees, negotiations, and the like. He or she is subject to replacement at any time by the Head of State, although removal cannot be effected until a successor is chosen. Although the Head of State technically sets the agenda of the House of Lords, in practice this function is handled by the Prime Minister. Failure of the Head of State to intervene is seen as equivalent to approval.

Foreign Ambassador:

There are two major foreign ambassadors: the Royal Ambassador to Tritonia, and the Royal Ambassador to the United Nations. Each is appointed by the Head of State, and subject to removal at any time, though a successor must be chosen before removal can be effected. The choice of ambassadors cannot be overruled.

The Speaker of the House of Commons:

The Speaker of the House of Commons is chosen from among its members by majority vote, and retains the position until removal from office, resignation, or the choice of a successor by the House; position as Speaker can only be maintained with the support - tacit, implied, or otherwise - of a majority of the representatives. The Speaker sets the daily agenda of the House, although his decision in the matter can be overruled by the Head of State (this is very rare). In the event that the House of Commons is unable to agree on a Speaker, the Head of State has the power to choose one, but this has never happened. As liason between the House of Commons and the monarch, the Speaker functions as the "voice of the populace" to the Crown, and makes regular reports to it.

THE C'ESTAN CONSTITUTION

The C'estan Constitution outlines the functions served by the two Houses, and details other such points as the division of the countryside into parishes, procedures for holding elections, and certain powers and duties of specific public offices (such as mayor, police chief, etc.). It also describes the limitations on the power of the Head of State and makes provisions for future amendments.

Section Two of the Constitution outlines the rights of citizens and the limitations on the power of the government regarding their treatment.

The C'estan Constitution can be viewed in the King's Courtyard, 122 Regal Commons.