Provinces of Packilvania
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The Provinces of Packilvania (Packilvanian: leDominmne aBakhilfaniya) are the highest administrative divisions of Packilvania alongside the Autonomous Cities of Bingol, Kemer, Subakil, and Gezer. There are currently nine provinces: Ashura, Fidakar, Iganar, Jumhurikesh, Kharyat, Mekedesh, Rigaryat, Shakar, and Ukanar. The provinces are ruled by Provincial Governments which have been devolved certain powers through the Constitution of Packilvania and acts of Parliament as passed by the Parliament of Packilvania with the Imperial Assent of the Sultan of Packilvania.
There are matters which are reserved to the National or Imperial Government such as the Packilvanian Armed Forces, the foreign relations of Packilvania, the judiciary of Packilvania, the Packilvanian dinar and the intelligence agencies of Packilvania. The Provincial Governments have the power to pass laws within the remit of the powers of Provinces through the Provincial Legislature. This is a bicameral body with two houses, of which the upper houses tends to have more power and is appointed either directly by the Sultan or his delegate or has members who hold their offices ex officio. By contrast the lower and less powerful House is selected by lottery.
The executive branch consists of the Provincial Governor, the Provincial Premier ant the Provincial Council of Ministers. The Provincial Governor is appointed by the Sultan and has the power to appoint the Provincial Premier and grant Imperial Assent to laws passed by the Provincial Legislature. The Premier presides and is the head of the Council of Ministers, whose members, the Provincial Ministers, preside over departments that implement and propose legislation and policy. The provinces have power over the local governments which rule the cities of Packilvania and their laws comprise part of the law of Packilvania.
In the history of Packilvania, some provinces were once independent nations (such as Fidakar), confederations of nations (such as Jumhurikesh) or territories of larger empires (such as Ashura). The borders and number of the provinces was fixed during the reign of the Demirite dynasty. The Packilvanian Communist Party inherited the provinces and significantly formalised their powers and structure such that when the Carriers of Mercy took over the country, the Bedonite dynasty simply built on and retained many of its systems. Of the subdivisions of the countries of Urth, Fidakar competes for the spot of the most populous with Staynes in Great Morstaybishlia.
Legislative branch
Scope and relationship with the Parliament
Provinces are delegated legislative power by the Parliament of Packilvania through the passage of statutes that grant permission to the Provincial Government to enact laws o er specific areas of law. The Constitution of Packilvania gives the Parliament of Packilvania the authority to do this by way of an act of Parliament. As such, the act of Parliament for the delegation and reversal of powers to the Provincial Governments undergoes the same legislative procedure as would exist for other acts of Parliament. In sunmary: the act must be drafted as a Bill by a Minister of the Crown and presented to the Parliament for deliberation and a vote. This act must be passed by a 50% plus 1 majority of a quorum of the members of the Legislative Council and presented to the Sultan of Packilvania for Imperial Assent.
Every Provincial Government has a legislative branch. Each province chooses what they want to call these bodies but in practice most call them a Khanoniyat (an approximate translation of a legislature). As such, when the power to make law in an area is delegated by the Parliament of Packilvania, it is the Khanoniyat which has the power to pass provincial statute. These statutes are only applicable within the borders of that province and to the residents of the Province to the extent that this law does not violate national law or the Constitution.
The most important part of the devolution of legislative powers to the province is the Provincial Government Act. This law sets out the basic structure and powers of the governments of the provinces. It explicitly forbids the Provincial Government from passing a law violates the powers and rights of the National Government of Packilvania. It also forbids the Provincial Government from passing a law that a future sitting of the Khanoniyat cannot amend or repeal. It also forbids a Provincial Government from passing laws that impinge on the powers of another Provincial Government.
Composition and selection
Every Khanoniyat is supposed to consist of two chambers: the upper chamber is the Provincial Legislative Council and the lower chamber is the Provincial Representative Council. According to the Provincial Government Act, the Legislative Council is appointed by the Sultan of Packilvania. In practice, there are too many members of the Provincial Legislative Councils for the Sultan to appoint all of them individually. As such, the Sultan issues Decrees on the Framework for the Appointment of Provincial Legislative Bodies to direct the Minister of the Crown for Legislative Affairs on how these bodies should be composed.
The Decrees generally stipulate similar requirements however the Sultan may vary them by Province. The Decrees set out minimum and maximum requirements for the demographic composition of these bodies namely in gender, minority religious representation (which is often facilitated by automatically granting seats to religious leaders who hold officially recognised posts), and age (with a view to ensuring that young people, i.e., people between 16 and 35 are adequately represented). It also has regulations on how seats are to be allocated to ensure geographic representivity. The Decree also requires the quotas for the representation of nobles, judges, magisters, and servicemen and servicewomen in the armed forces, police, state security and imperial dynasty, senior leaders of certain state owned corporations, academics and professionals in certain fields who must be present and to what extents.
These Decrees tend to be issued on the advice of the Commission for the Composition of Legislative Bodies which is chaired by the Minister for Legislative Affairs. This body is appointed by the Sultan. It typically consists of a diverse representation of people and typically exists as a body outside of the formal state apparatus. The Commission consists of sub-committees which make recommendations on specific areas of the selection of provincial and local legislative bodies. The Council of Ministers normally has the right to review the draft decrees to be proposed by the Commission and to publish a Review of the Decree with comments from both those Ministers who for the draft decree and those who are against the draft Decree. On reading the Review, and the draft Decree, the Sultan will accept or reject it. The Sultan can also insert provisions of his own at his pleasure. The Commission often sends the draft Decree for public comment and synthesises the public comment in the Bill. The Commission is required to be non-biased and comprehensive in the Summary of the Decree that must accompany it.
The general method for the selection of members of Provincial Legislative Councils is through ex officio appointments (which allow said office holders to send proxies to speak and act on their behalf), and named appointments whereby the power to appoint a member of the Legislative Council is delegated to a particular entity, group or person. In contrast, the Provincial Representative Council is selected by lottery from among the citizens of the country within the framework created by the Decree. It normally excludes criminals, people who are undergoing insolvency processes, and people with certain cognitive conditions from participating.
The Department of Legislative Affairs is actually responsible for administering the process of the lottery for the selection of the Provincial Representative Councils, serving candidates with notices to serve, and providing legislative bodies with the funding to administer their operations.
Legislative Discipline
The Sultan also issues the Decrees on the Discipline of Members of Legislative Bodies which sets out the processes for the disciplinary measures to be undertaken on a member of a Provincial Legislative Body. This entails the list of offences which can trigger a disciplinary process, how these offences are to be presented, the processes to be followed when investigating the infringement, and the punitive measures which can be implemented for the Infringements. Typically this requires that the High Court of each province must appoint a Judicial Commission for Legislative Discipline which consists of lawyers, judges, and teachers of law, to adjudicate the infringement. This commission also aims to insulate members of legislative bodies from the interference of their work through arbitrary charges.
The Sultan can also remove people from these bodies directly based on the advice of the Prime Minister, the Minister for Legislative Affairs, and the Minister for State Security. Including regulations imposed on full members, there are restrictions on proxy appointees for ex officio positions. They are not subject to ordinary labour laws. The Members are required to abstain from and disclose certain financial dealings to the Commission for Legislative Oversight. This commission is appointed by the Sultan but in practice its members are nominated and approved by the Parliament of Packilvania.
This body ensures that both members and legislative bodies as a whole work according to their mandate. This means that it must refer impropriety of any sort to the relevant authorities and bring charges against individual members and the body as a whole.
Rights and emoluments
Members of these Legislative Bodies are immune from prosecution for their work except in specific cases and are protected from interference of their work by external actors. The Members are allowed to stand for nomination to committees and other legislative offices, to nominate and vote for others for election to committees and legislative offices, to speak in debates of the plenary and committees as determined by the Standing Rules, and to draft and present bills except in areas of law reserved for Provincial Ministers.
The Members of Provincial Legislative Councils are full time employees of the National Government while Members of Representative Councils are part time employees of the National Government, and members of each body are entitled to the same emoluments and to treated equally and fairly within the context of the body in which they serve. Lawfully appointed proxies enjoy all the emoluments and rights of members but their status must be renewed and they must be proposed to and approved by the Commission for Legislative Oversight. every 6 months.
Legislative Process
There are types of acts of the Khanoniyat which are reserved for the Provincial Legislative Council, acts of the Khanoniyat which are reserved for the Provincial Representative Council, acts of the Khanoniyat to be passed by a majority in both Chambers and acts to be passed by the combined sitting of the both houses. In general, the Legislative Council can pass more acts of the Khanoniyat than the Representative Council. In cases where the approval of a majority in both houses is required, there are cases where a supermajority of one house can veto the disapproval of the other house. Matters such as the designation of the Provincial Capital or changes to the rights of citizens (as delegated by Acts of Parliament) are reserved for a Combined Sitting. Matters concerning the annual provincial budget are passed by both houses but the Legislative Council can overrule the Representative Council with a two thirds majority.
Through acts, the Khanoniyat can appoint, nominate, or dismiss certain officials in certain government posts, pass non-binding resolutions on political issues, and pass binding legislation for Imperial Assent by the Provincial Governor. Given that the Provincial Governor must request the approval of the Sultan before withholding Imperial Assent for Provincial Laws, the Khanoniyat cannot override a withholding of Imperial Assent. If the Provincial Governor suspends Imperial Assent, the law comes into force if passed by the body again. The Provincial Governor has a minimum period to grant, suspend or withhold Imperial Assent failing which the law comes into force following the lapse of the period.
An act of the Khanoniyat (except if it is a non-binding resolution) can be repealed by the body itself in the same way as it was passed, or by the Parliament of Packilvania by an act of Parliament. Any act of the Khanoniyat can be amended by the body which passed it. Any act of the Khanoniyat can be stricken down in part or whole by the High Court of the Province or by the Supreme Court of Packilvania for going against an Act of Parliament or the Constitution of Packilvania. The implementation of a provincial law can be temporarily suspended by an application for an interdict by the Minister of State Security or the Minister of Justice with the approval of the Council of Ministers of Packilvania or the by the Provincial Council of Ministers either to a High Court, the Supreme Court or the Sultan himself. A small set of reasons must be given and criteria met to permit the suspension of the act and based on interdict, the duration permissible varies.
The Khanoniyat has the power to pass Standing Rules which govern its internal procedure. Its Standing Rules must conform to the Regulations for the Functioning of Provincial Legislatures issued by the Minister of the Crown for Legislative Affairs in terms of the Provincial Government Act as amended.
Legislative Powers
The Provincial Governments can pass laws on a broad stroke of matters as follows:
- The Provincial Government can pass laws that enforce and bring to effect National Laws as mandated by and within the limitations imposed by an Act of Parliament. This includes initiating or approving programs, directing public functionaries, and entering permissible arrangements with other entities to achieve the objectives or meet the demands and targets of National Law.
- The Provincial Government can pass laws which supplement, or complement existing National Laws (as such laws allow). For instance, the Provincial Government can supplement national laws on labour rights, property rights, reproductive rights, marital rights, criminal justice, religious and ethnic minorities, the regulation of companies and other entities, taxes, banking and other financial services, public expenditure, and the civil service.
- The Provincial Government can pass laws on matters for which the Parliament of Packilvania has not passed a law in an area which is not explicitly reserved to the Parliament of Packilvania. This excludes areas such as defence, monetary policy, state security, interprovincial travel, citizenship, naturalisation and immigration, imperial, judicial and legislative affairs, nobility and the Magisterium, war and peace, and foreign relations and international treaties.
- The Provincial Government can pass laws on matters reserved for provincial governments by National Law such as the management and provision of water, electricity, education, public safety, public housing, intraprovincial transport, healthcare, urban development, cultural landmarks, local government boundaries and powers (which have not been delineated by legislation elsewhere).
The effect of these powers is that legislation on the same matter can vary substantially between provinces and provinces exercise a high degree of latitude in their internal affairs. For instance, Fidakar organises its local government into prefectures, regions, and counties while Mekedesh has one system for cities and another for rural areas. Each province has its own healthcare system, meaning some provinces have better healthcare, more minimum benefits or different contribution schemes for their residents than others. Some provinces have different rates of corporate and personal income tax. Some provinces have restrictions on internal migration especially from rural to urban areas. In many areas which affect one or more provinces, the National Government plays a coordinating role. For instance, although each province has their own healthcare system, vaccinations and medications are approved at national level and patents are recognised nationally.
Executive Branch
The executive branch of each province is responsible for implementing the laws passed by both the Parliament of Packilvania and the Provincial Legislature. The executive branch consists of the Provincial Council of Ministers and the Provincial Governor.
Provincial Governor
The Provincial Governor is appointed by the Sultan of Packilvania. The Sultan is not obligated to listen to the recommendations of any person or entity when making his appointment of a Provincial Governor. The Provincial Governor does not have a fixed term. The Sultan can dismiss them as he pleases. However the Provincial Government Reform Act passed in 2023, stipulates that Governors above the age of 65 must resign or their term is deemed to automatically come to an end. The Sultan has never appointed someone who was not a Prince of the Bedonite dynasty as a Governor but this is not a convention that is required by or has the force of law.
The Provincial Legislature can conduct a process known as an impeachment which advises the Sultan on whether the Sultan should be dismissed. This entails holding public hearings, gathering evidence, and composing and submitting a report to the Sultan. This report is passed as a non-binding resolution. This allows the Khanoniyat to make requests to subpoena witnesses, documents and other artefacts pertinent to their investigation. The actual impeachment process is delineated by a binding act of the Khanoniyat so that the Khanoniyat can have the relevant subpoena powers.
The Provincial Governor has the power to advise the Sultan to dissolve and reconstitute the Khanoniyat. They have the power to appoint the Provincial Premier and the Provincial Ministers who comprise the Provincial Council of Ministers. The Provincial Governor has the power to dismiss the Provincial Premier, the Provincial Ministers or the Provincial Council of Ministers as a whole. The Provincial Governor meets regularly with the Provincial Premier to discuss serious matters of policy and get an update on the work of the Provincial Government.
The Provincial Governor has the power to grant Imperial Assent to legislation passed by the Khanoniyat. He may withhold Imperial Assent with the permission of the Sultan on a specific act. He may suspend Imperial Assent whereby a law is adopted if it is passed again. The Provincial Governor can issue Decrees with respect to specific matters such as but not limited to the affairs of the Imperial Dynasty, the nobility and Magisterium of Paxism. The Governor can also issue decrees with respect to the composition of the departments and portfolios in the Council of Ministers. The Governor also appoints some of the heads of Provincial Agencies and Provincial State Owned Corporations. The Governor can declare a state of emergency in the event of a crisis which he is required to report to the National Council of Ministers which may strike down the state of emergency as it pleases. In the event of the state of emergency, the Governor can issue decrees for the deployment of emergency services, police and other resources for the mitigation of the crisis.
Provincial Premier
The Provincial Premier is appointed by the Governor. The Provincial Premier is the Chairperson of the Provincial Council of Ministers. This means that they must convene meetings, set the agenda, preside over the meetings, and record, and distribute the minutes (usually with the assistance of a secretary). They must ensure that each member is heard and able to vote on matters presented to the council. They must ensure that Ministers have all the documents they need to prepare for the meeting. They must also hold a vote for the adoption of the minutes of the previous meeting.
They must hold members of the Provincial Council of Ministers accountable for their conduct and work. This includes evaluating their performance, assisting them to overcome any impediments they might face, reprimanding them and implementing other punitive measures for actions which undermine the Council, and recommending their suspension or dismissal from the Council to the Governor. The Provincial Premier must oversee the work of the Provincial Executive Secretariat.
This body is responsible for compiling and sending documents and agendas, managing releases, conferences and replies to questions from the media, the upkeep of shared websites and distribution of shared publications. This body also ensures that the Provincial Council has the space and equipment needed to meet and do its work. Ir also supports the Provincial Premier in exercising their work. This can include conducting research, coordinating their schedule and engagements with the public. They also send laws for public comment and synthesise them into a report for the Council of Ministers to consume.
The Provincial Premier adjudicates and mediates disputes between Ministers. They also set the broad vision and policy agenda of the Provincial Council of Ministers. They coordinate the work of different Provincial Departments as well as oversee cross departmental projects.
Provincial Ministers
Provincial Ministers are in charge of Provincial Executive Departments. This means that they hold interviews and appoint senior officials in their Departments. They also hold these senior officials accountable for their work and can suspend or dismiss them as they deem necessary. They ensure that their team has the resources it needs to do its work. They ensure that disputes between members of their department are addressed. They review and approve the reports, legislative, regulatory and policy proposals of their department. They set the vision and policy objectives of their department and instruct their department to propose laws, regulations, projects, programs, and policies to that end. They present and defend the planned expenditure of their department to the Minister of Finance. They monitor the implementation of laws by their department and hold relevant officials accountable for that. They approve changes to project charters and mandates where necessary. They approve large contracts in their department.
Ministerd also have powers and duties that are conferred by legislation that are specific to their portfolio as delegated by legislation.