Parliament of Packilvania: Difference between revisions

The law of Packilvania consists of statute, judicial precedent, religious law and customary law. Customary law is law that emanates from long-observed tribal traditions. Judicial precedent arises from the substantive legal interpretation of legal matters by the judiciary. Religious law arises from the dogma, rules and customs of religious communities as enumerated by scripture, ritual etc. In contrast statute consists of laws emanating from the Constitution via the Crown.

The Constitution is the highest law in the country. This means that no other law may contravene the Constitution. Furthermore, it states that the Constitution may only be amended by the consent of the Parliament and the Sultan. The Constitution also states that the Supreme Court shall have the final authority to interpret the application of the Constitution. It states that the Crown shall have the power to make law by statute which may supersede all other laws insofar as the Crown abides by the Constitution.

However the Constitution divides different types of statutes that the Crown may create and how these types of statutes are brought into effect. Although all power of the Crown, including the power to create laws, resides with the Sultan, the Sultan's word is not immediately law at his utterance.

The first type of statute is a treaty. A treaty is defined as any agreement between Packilvania and another nation or nations which has legal binding effect within the country. The Crown is empowered to conclude and ratify treaties at its pleasure and requires no consultation or consent from any other body of the state.

The second type of law is appropriation law. The Constitution prescribes that the Crown may pass any appropriation of funds, but it limits the duration and scope of appropriation legislation. Furthermore, it explicitly requires that the appropriation of state funds must be done through a budget law. The consent of the Consultative Assembly and the Legislative Council is required for the Crown to appropriate state funds. Appropriation law is also required not only to delineate state expenditures but to raise, collect and forgive taxes, levees and customs or to delegate the power to do this to another entity.

The third type of law is ordinary law. This any law which does not fall into any other form of law. Here, the Crown is required to consult with the Council of Ministers. However, the Crown is not required to follow the opinion of the Council of Ministers in passing ordinary legislation. Furthermore, the Crown is required to present the law before the Legislative Council. The Legislative Council must be given adequate time to read through and debate the law. Thus, the Crown may only bring ordinary legislation to effect when the Legislative Council present the scroll of sealing to the Throne i.e., an explanation that it has concluded deliberation on a law. A majority of the members of the Legislative Council is required for the Chairperson of the Legislative Council to present the scroll of sealing.

The fourth type of law is a decree. A decree is a law which is passed by the Crown which does not require its presentation before the Legislative Council. This includes matters of the appointment of senior state officials, commutation of sentences, deployment of military forces, declaration of war and nuclear second-strikes, regulation and governance of colonies and other territories, the annexation of territories and delineation of external and internal boundaries, recognition of national sovereignty, nationality, immigration and citizenship, religious rights, internal migration and trade, and territorial waters.

The fifth type of law is delegated law. Delegated law is any law which has the force of law because the right to create such a law has been granted by the Crown through a law. A delegated law is also only valid insofar as the statute from which it emanates remains valid. A delegated law includes provincial laws. Provincial laws typically require the approval of Provincial Legislatures and Governors. Also included are regulations which are issued by government entities. Another type of law, are religious edicts which are granted to the [[Magisterium of Paxism]] in Packilvania to issue legally binding laws in the name of the Sultan on religious matters.