Judiciary of Packilvania

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The Judiciary of Packilvania (Packilvanian: LuQadimiyat aluBakhilfaniya) is the third branch of the government of Packilvania. It was created by Chapter 5 of the Constitution of Packilvania (Packilvanian: LuKhanongur alu Bakhilfaniya) which stipulates that the judiciary shall consist of the Supreme Court and other courts as the Sultan of Packilvania may create. Furthermore, it states that the judiciary shall adjudicate disputes and dispense justice in the name of the Sultan, currently Thumim V. Moreover, it gives the Sultan the authority to appoint and dismiss judges. Taken together with the Sultan's power to promulgate laws in the form of decrees governing every aspect of the nation, the judiciary is controlled by and entirely subject to the Sultan. The Department of Justice under Minister of Justice, Prince Duwal a-Amhoud Bedon, is responsible for administering the daily running of the judiciary including paying salaries of judges and other judicial officials, maintaining and constructing court buildings, providing judicial support services, and selecting judges for judicial posts below the rank of the High Courts and Religious Appeals Courts.

Supreme Court

The Supreme Court of Packilvania is the highest court in the country. It consists of 21 justices including the Chief Justice of Packilvania. The number of justices may change as the Sultan determines. Justices of the Supreme Court are appointed by the Sultan at his pleasure. The Sultan consults with the Commission for Judicial Appointments composed of legal experts such as retired judges, prominent lawyers and renowned scholars in the legal field whom he appoints usually on the advice of the Chief Justice. He is not required to follow their recommendations but almost always does.

The Decree on the Appointment of Justices of the Supreme Court was promulgated by Sultan Amhoud I to provide future Sultans with guidelines in the appointment of Justices. Although Sultans are able to ignore these guidelines, they rarely do. This includes the requirement that a Justice of the Supreme Court must have been a judge in a High Court. The Decree discourages the appointment of judges from Religious Appeals Courts due to the limited scope of their competencies and thus knowledge of the law unless such judges have served in the High Court. Furthermore the Decree has more vague provisions encouraging Sultans to respect the decisions of the judiciary and provide it with the support and latitude it needs to exercise its duties without partiality or fear. The extent to which the Sultan's including Sultan Amhoud I have adhered to this advice is questionable as many modern analysts see the Supreme Court as subject to the instructions of the Sultan. On one hand Sultans have been steadfast in protecting the Supreme Court from external political and economic interference but, on the other, they have interfered in its decisions when it suited them.

This court is the last court to which appeals can be sent. Appeals must originate from the High Courts, the Religious Appeals Court, the Military Appeals Court or any other court created that is at the level of the High Courts. The Supreme Court is not required to hear all applications for appeal, but due to the requirement in the Decree on the Rules of the Supreme Court that a case must be adjudicated by 5 justices, the Supreme Court admits a higher proportion of appeals applications than some equivalent courts. Furthermore, the Supreme Court consists of Divisions whereby Justices can specialise or focus on specific areas of law or temporarily locate themselves in large cities to enhance access to the services of the Supreme Court.

The decisions of the Supreme Court set precedents that are binding on all the courts in the country and by extension form part of case law which is binding on all entities in the country insofar as it is not overturned by future decisions of the Supreme Court or a statute. The Chief Justice is responsible for forming the Judicial Appointments Advisory Panel which recommends candidates not only to the Supreme Court but to the High Courts as well. Furthermore, he oversees the daily administration of the Supreme Court including the allocation of Justices to rosters of cases. The incumbent justice is His Imperial Highness, Prince Radeeq a-Amhoud Bedon. The Sultans have in part respected the Supreme Court to counterbalance the power of the Council of Ministers of Packilvania. For instance, they have allowed cases involving Ministers to be adjudicated by the Supreme Court. The Sultan may ask the Supreme Court for its advice on judicial and legal matters and has often leaned on its knowledge to adjudicate cases involving Princes and Princesses of Packilvania (as only the Sultan may adjudicate their cases).

In theory, cases can be appealed to the Sultan of Packilvania, but the Sultan often ignored such cases. Instead, those convicted by the judiciary can apply to the Department of Justice for a pardon, which the Sultan may consider and grant. Justices receive a fixed salary of 3 million KRB every year. Packilvanian Supreme Court Justices are among the highest paid civil servants in the world. As such, the Judiciary attracts some of the most learned justices in the world. Judicial salaries are typically reviewed every 5 years by amendments to the Civil List. These high salaries are also used to discourage Justices from taking bribes or surrending to external financial influence. Furthermore, Justices are protected by the Packilvanian State Security Agency. Obstruction of a Justice's work can result in life imprisonment. As tradition in courts such as the Auroran Court of Justice, the Packilvanian Supreme Court Justices carry scimitars as symbols of their authority.

Table 1: List of Supreme Court Justices of Packilvania
Name Position Tenure
Farmahad Wasoon Chief Justice Since 2001
Duke Madvin Gurion of Adrien Justice Since 2003
Duke Kaswal Mawad of Halaler Justice Since 2002
Duke Ahumad Sahel of Mochtar Justice Since 1999
Prince Ishak a-Harim Bedon Justice Since 1996
Prince Zygros a-Idesh Bedon Justice Since 2015
Marquis Sawad Wasail of Namdunshtar Justice Since 2007
Marquis Habib Sawul of Ubran Justice Since 2009
Prince Yashuv a-Juber Bedon Justice Since 2004
Prince Ashaka a-Juber Bedon Justice Since 2012
Duke Ashter Samoud of Zukaril Justice Since 1988
Duke Ilon Ustriel of Everyet Justice Since 1994
Duke Dushad Xavaar of Lehasa Justice Since 1997
Duke Loyaad Naweer of Akas Akil Justice Since 2017
Duke Elam Chamba of Medayin Justice Since 2003
Duke Folud Samayaan of Xahal Justice Since 2018
Duke Bilal Iered of Kadaigard Justice Since 2005
Duke Alawadun Mudawaheen of Seeharel Justice Since 1997
Duke Shojo Ujhan of Kaliwad Justice Since 1987

High Courts

High Courts may receive appeals on any matter from courts within their jurisdiction. High Courts have jurisdiction over a limited geographic area. They must follow the precedents set by the Supreme Court. Furthermore, they can set judicial precedents through their decisions that are binding on the courts within their jurisdiction. High Courts typically consists of Divisions that sit in multiple cities. Each High Court has an equivalent of a Chief Justice known as a Judge President. As of 2022, the boundaries of all High Courts in the country correlate to a Province as depicted in table 1.

Table 1: List of High Courts of Packilvania
Province Divisions Judge President Number of Judges
Fidakar Halaler, Uban, Vashtoon, Tuwaka, Yashad Prince Gurion a-Jibrael Bedon 109
Ukanar Abdeker, Kaliwad, Paragriniya, Damaclion Prince Jabal a-Jibrael Bedon 64
Jumhurikesh Everyet, Akas Hedekia, Never, Vilayet, Kaidergard Prince Ruhaad a-Harim Bedon 100
Iganar Zukaril, Amhoudshtar, Qadash Kebir Marquis Shahad Wadeeq of Kijal 78
Mekedesh Meker, Tashkar, Mochtar, Kin, Pishtwan, Marquis Rabaas Garon of Tashkar 98
Bingol Bingol Marquis Fareem Vadesh of Damaclion 45
Kemer Kemer Marquis Itahad Odool of Jahalalagard 34
Subakil Subakil Marquis Ibarion Hudiwal of Tsuhe 28
Shakar Sharkol, Seerahel, Lehasa Marquis Bedal Suyor of Mansouk 51
Ashura Akas Akil, Wala, Tsuhe, Adrien Marquis Faijal Duwal of Sajahaad 85
Rigaryat Derengol, Medayin, Jalahalagard, Gezer Marquis Vahoud Isohad of Ebron 79
Kharyat Yukader, Makobar, Xahal Prince Alawad a-Uhayed Bedon 71

Religious Appeals Court

The Religious Appeals Courts serve as courts of appeal for religious cases. Cases from religious courts are appealed to the Religious Appeals Courts. Cases from these courts are appealed to the Supreme Court. Where there is a dispute in the jurisdiction of Religious Appeals Court or the High Court, the Supreme Court shall determine which should take precedence but as a rule of thumb, the High Court is usually granted jurisdiction. All Paxist Appeals Courts have jurisdiction at Provincial level but all other minority RACs have jurisdiction at national level over issues concerning their religion.

Table 3: List of Religious Appeals Courts
Religion Jurisdiction Division Judge President
Vayanist Appeals Court National Everyet (Jumhurikesh)
Tunseist Appeals Court National Abdeker (Ukanar) Jara Peldana
Akronist Appeals Court National Abdeker (Ukanar) Kantra Õvatti
Akuanist Appeals Court National Everyet (Jumhurikesh)
Ulvriktru Appeals Court National Abdeker (Ukanar)
Ademarist Appeals Court National Everyet (Jumhurikesh)
Thaerist Appeals Court National Halaler (Fidakar)
Lunarist Appeals Court National Everyet (Jumhurikesh)
Ayalist Appeals Court National Sharkol (Shakar) Shepherd of Wills Jina Mide-Borte
Clarityist Appeals Court National Halaler (Fidakar) Rayando Nematnyne
Komixemun Appeals Court National Halaler (Fidakar)
Xaethosi Appeals Court National Kemer Arch Elder Axel Michaux

Courts of first instance

A court of first instance is any court where a trial can occur. Technically, High Courts and Religious Appeals Courts are courts of first instance, but because they are responsible for appeals, they are not grouped with the courts that we will discuss below:

  1. Magistrate Courts are staffed by Magistrates who handle civil and criminal cases not reserved for other courts.
  2. Religious Courts are staffed by Religious judges who handle cases specific to religious matters such as marriage, places of worship, religious leaders and organisations etc.
  3. Military Courts are staffed by senior members of the military and are responsible for enforcing military discipline.
  4. Specialised trial courts are staffed by Magistrates or other legally knowledgeable professionals who handle issues in specific subject areas.