Imperial law

Overview

Imperial Law is the body of law which has been created by the Imperial Senate and which extends the principles laid down in the Imperial Constitution. The law is prosecuted by magistrates, members of the Imperial Civil Service who are trained in Imperial jurisprudence. Magistrates act as judges during trials, determining guilt and sentencing and are able to deputize individuals to help them enforce the laws. The Throne and members of the Imperial Synod may appeal for clemency on behalf of the accused to obtain a reduced sentence.

The Imperial Constitution

The Imperial Constitution sets out the following:

• the principles underlying the relationship between the Nations and the Empire and the role of the Imperial Civil Service;
• the organs of the state and their appointed representatives; and
• the principles underlying the relationship between the citizen and the state (the “Bill of Responsibilities”).

The nations which comprise the Empire are governed by Imperial Law which applies equally everywhere in the Empire. While each nation has its own traditions and customs they are superseded in circumstances where they conflict with Imperial Law. Imperial law itself is based on principles rather than legalistic precedents of previous cases. Those accused of crimes or engaged in civil claims would normally be expected to speak for themselves. Accordingly, there is no strong tradition of lawyers within the Empire.

Magistrates are accorded wide-ranging discretionary powers under the constitution. There is no right to appeal against the lawful judgement of a magistrate, except to the mercy of the Empress. Amongst her other constitutional powers the Empress may submit bills (draft legislation) to the Senate for their approval. Senators may also submit bills for approval in the Senate but these are subject to veto by the Empress. The Synod also has a limited power of veto over the Senate (and in effect, Senators) in their role as guardians of virtue. Any law, bill or motion in the Senate which contravenes the principles of the constitution shall be struck out.

There is a lengthy and difficult legal process by which the constitution may be changed. All constitutional changes made by the Senate must be ratified by both the Empress and the Synod. The body of criminal law provides the state with sanctions against citizens who have breached their social obligations to the state. In turn the body of civil law governs legal remedies available to individuals against other individuals (for example, as a result of a contractual dispute).

The Synod have some other legal powers in relation to the law: sanctuary, clemency, witness, and inquisition. There are also some religious crimes: blasphemy, idolatry and heresy.

The Law and the Citizen

Everyone who might be within the Empire will fall into one of the following broad categories in relation to the law:

• Citizens of the Empire must fulfil their obligations to the State and in return they receive associated rights. Broadly these concepts are based on personal responsibility and service to the Empire.
• The child of an Imperial citizen has the full protection of the law. Until a child becomes a citizen their parents or guardians are responsible in law for any criminal or civil offences that they commit.
• Barbarians are defined as anyone with whom the Empire is at war. They have no recourse to Imperial Law but they may be the subject of it.
• Foreigners are defined as anyone from a country which is not at war with the Empire. Foreigners are subject to the law and accorded basic protection by it but do not otherwise enjoy the benefits of citizenship.

Under the constitution there is no “right to silence” for those accused of crimes. When questioned by a magistrate or deputised member of the militia in furtherance of their duties an accused must answer. If they do not a magistrate may draw an adverse inference. There are also no prisons in the Empire. Those accused of crimes are usually placed on bond while awaiting trial, with bounty hunters ready to recapture them for the reward if they abscond. A citizen cannot be punished for that which they have said they will do but has not yet done. Accordingly there are no laws which prohibit blackmail, threats of violence and so on. However, anything a citizen says may be used in evidence against them. So for example, if a citizen threatens to kill someone and that person is then murdered, their death threats are admissible in evidence.