Imperial Council

The Imperial Council (: 帝國議政大會議; Dìguó yìzhèng dà huìyì) is an appointed and constitutionally mandated 12-member council that wields considerable power and influence in the Kodeshia. It has the power to interpret the Imperial Constitution and review the legality of laws and regulations. It consists of twelve jurists who are either appointed by the Emperor or elected by the parliament from among candidates nominated by the Head of the Judiciary. The Imperial Council also serves as an advisory body to the Emperor on matters of state. The current Chief Jurist is Tuo Fuzhou, who was appointed by Emperor Mengqi on 12 August 2018. He is assisted by eleven Associate Jurists: Yuchi Qi, Qiao Chunli, Rao Shuang, Wang Xingwen, Wei Jinfen, Zhang Jie (张杰), Li Xiaoyu (李晓宇), Sun Yixuan (孙一轩), Ma Rui (马瑞), Zhao Lei (赵磊) and Hu Jingjing (胡晶晶).

The Imperial Council was established by Article 97 of the Imperial Constitution, which states: "The Emperor shall appoint six Jurists of the Imperial Council from among persons who have distinguished themselves in public service or legal profession. The Parliament shall elect six Jurists of the Imperial Council from among persons nominated by the Head of the Judiciary. The Jurists shall hold office during good behaviour and shall not be removed except by impeachment for and conviction of treason, bribery, or other high crimes and misdemeanours. The Jurists shall have judicial power over all cases arising under this Constitution, the laws of Kodeshia, and treaties made or which shall be made under their authority; and over all cases affecting ambassadors, other public ministers and consuls; and over all cases of admiralty and maritime jurisdiction."

The Imperial Council convenes at least once every three months at its headquarters in the Imperial capital of Songhari. It hears oral arguments from parties involved in cases that have been granted certiorari (permission to appeal) by at least four jurists. The jurists then deliberate in private and issue written opinions that explain their reasoning and judgment. A majority opinion represents the view of at least seven jurists, while a dissenting opinion represents a minority view. A concurring opinion agrees with the majority judgment but differs on some points of law or reasoning.

The Imperial Council has been involved in several landmark cases that have shaped the legal landscape of Kodeshia. Some examples include:
 * Upholding the constitutionality of same-sex marriage legalization
 * Striking down the death penalty as cruel and unusual punishment
 * Declaring martial law unconstitutional during peacetime
 * Affirming women’s right to abortion within certain limits
 * Recognizing indigenous peoples’ rights to self-determination

The Imperial Council also plays a central role in controlling the interpretation of Xuanist values in Kodeshi law. Xuanism is a native religion that worships nature spirits and ancestors, and forms part of Kodeshia’s national identity. The Imperial Constitution states that Xuanism is “the source of all morality” and “the foundation of social harmony”. As such, the Imperial Council has three additional mandates:
 * a) Veto power over legislation passed by the National Representative Assembly if it violates Xuanist principles or is incompatible with this Constitution
 * b) Supervision of elections to ensure fairness and transparency
 * c) Approving or disqualifying candidates seeking to run in local, parliamentary or grand chancellery elections based on their moral character and adherence to Xuanist values

These mandates give the Imperial Council significant influence over Kodeshia’s political system and society. However, they are also subject to oversight by the Emperor who can appoint or dismiss any jurist at his discretion; veto any decision made by them; or approve any candidate without their consent.

Legislative functions
The Imperial Council has the power to review and veto any legislation passed by the National Representative Assembly, which is the lower house of parliament and consists of 300 members elected by popular vote for four-year terms. The NRA is responsible for initiating and passing bills on various matters such as taxation, budget, social welfare, education, health care, defence, foreign affairs and more.

The Imperial Council can veto any bill within 15 days of its passage by the National Representative Assembly if it finds it to be in violation of Xuanist principles or incompatible with this Constitution. The veto can be overridden by a two-thirds majority vote of both houses of parliament (the NRA and the Senate). The Senate is the upper house of parliament and consists of 100 members appointed by the Emperor for six-year terms. The Senate acts as a consultative body that reviews and approves bills passed by the National Representative Assembly.

The Imperial Council can also propose amendments to this Constitution if it deems it necessary to protect Xuanist values or adapt to changing circumstances. The amendments must be approved by a three-fourths majority vote of both houses of parliament and ratified by a national referendum.

The Imperial Council’s legislative functions are intended to ensure that Kodeshia’s laws reflect its Xuanist identity and constitutional principles. However, they also limit the democratic representation and accountability of the National Representative Assembly and give the Emperor considerable influence over Kodeshia’s legal system.

Judicial authority
The Imperial Council has the power to adjudicate all cases arising under this Constitution, the laws of Kodeshia and treaties made or which shall be made under their authority. It also has jurisdiction over all cases affecting ambassadors, other public ministers and consuls; and over all cases of admiralty and maritime jurisdiction.

The Imperial Council is the court of last resort in Kodeshia and its decisions are final and binding on all parties. It can also issue writs of mandamus (orders to perform a duty), prohibition (orders to stop an action), certiorari (orders to review a lower court’s decision) and habeas corpus (orders to release a person from unlawful detention).

The Imperial Council can hear appeals from lower courts such as the Supreme Court, which is the highest court of general jurisdiction in Kodeshia; the High Courts, which are regional courts that handle civil and criminal cases; and the Special Courts, which are specialized courts that deal with specific matters such as administrative law, military law, family law and religious law.

The Imperial Council can also hear original cases that involve disputes between different branches or levels of government; between Kodeshia and foreign states or international organizations; or between citizens and public officials.

The Imperial Council’s judicial authority is intended to uphold this Constitution as the supreme law of Kodeshia and protect the rights and liberties of its citizens. However, it also faces challenges such as balancing Xuanist values with modern realities; resolving conflicts between different sources of law; and maintaining its independence and integrity in a highly politicized environment.

Electoral authority
The Imperial Council has the power to supervise and regulate all elections in Kodeshia and ensure their fairness and transparency. It also has the power to approve or disqualify candidates seeking to run in local, parliamentary or grand chancellery elections based on their moral character and adherence to Xuanist values.

The Imperial Council appoints an Electoral Commission that is responsible for conducting and administering all aspects of electoral processes such as voter registration, ballot design, polling stations, vote counting and results announcement. The Electoral Commission consists of nine members who are either jurists of the Imperial Council or experts in electoral law and administration.

The Imperial Council can also hear complaints and appeals from candidates or voters who allege irregularities or violations of electoral laws or regulations. It can order recounts, annulments or reruns of elections if it finds sufficient evidence of fraud or misconduct.

The Imperial Council’s electoral authority is intended to ensure that Kodeshia’s political system is representative and accountable to its citizens. However, it also limits the political diversity and competition in Kodeshia by imposing strict criteria for candidate eligibility and vetting them based on Xuanist values. It also gives the Emperor considerable influence over Kodeshia’s political system by allowing him to appoint or dismiss any jurist at his discretion; veto any decision made by them; or approve any candidate without their consent.

Composition
The Imperial Council consists of twelve jurists who are either appointed by the Emperor or elected by the parliament from among candidates nominated by the Head of the Judiciary. The jurists hold office during good behaviour and can only be removed by impeachment for and conviction of treason, bribery or other high crimes and misdemeanours.

The Emperor appoints six jurists from among persons who have distinguished themselves in public service or legal profession. The Emperor has complete discretion in choosing the jurists and does not need to consult anyone or follow any criteria. The Emperor can also dismiss any jurist at his will without giving any reason.

The parliament elects six jurists from among persons nominated by the Head of the Judiciary. The Head of the Judiciary is a senior judge who is appointed by the Emperor for a five-year term. The Head of the Judiciary nominates three candidates for each vacant seat on the Imperial Council and submits them to the parliament for approval. The parliament votes on each candidate separately and requires a simple majority to elect them.

The jurists serve for life or until they resign or retire at age 76. They elect one of their members as the Chief Jurist who presides over their meetings and assigns cases to them. They also elect two Deputy Chief Jurists who assist the Chief Jurist in his duties.

The jurists are expected to uphold Xuanist values and principles in their work and personal lives. They are also required to swear an oath of loyalty to this Constitution and to the Emperor before taking office.