Judiciary of Packilvania
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 Namdun III. 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 108 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 Judicial Appointments Advisory Panel, an ad hoc body 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 Justice 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 its large size and 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 most nations' 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 Auroran Court of Justice, the Packilvanian Supreme Court Justices carry scimitars as symbols of their authority.