Challenge
The Senate creates the new Synod Judgement of Virtuous Challenge. A Judgement of Virtuous Challenge may be raised against a Tenured Imperial Title where a priest believes there is a citizen whose Virtues, or vision for that titled position, are superior to the incumbent's. The Assembly raising the Judgement must have oversight of that titled position. If the Judgement is upheld the position will be eligible for election at the following summit. The incumbent remains in post until that time. Any Tenured Imperial Title that has been challenged in this way may not be the subject of another such challenge until a year has passed but the title holder may still be Revoked in that time.
Senate Motion, Autumn Equinox 384YE. Proposed by the Conscience, Seconded by Senator KarovSynod Judgement
Overview
The Imperial Constitution charges the Synod with the responsibility to remove from office those citizens whose behaviour is deemed unvirtuous, which is most often done by use of revocation. In Autumn 384YE, an alternative judgement was suggested initially called "virtuous challenge" that relates specifically to Imperial titles with tenure.
Revocation is not always the right judgement because it is intended to be used when someone has proved they are unvirtuous, or have failed in the responsibilities of the title. Challenge allows the Synod to consider if there might be a superior candidate for an Imperial position, a very different proposition to removing someone for a lack of virtue or a dereliction of duty.
Judgement
A judgement of challenge must specify a single citizen and the Imperial title that they hold. The title must be tenured - that is, it must be a title that is held until the holder steps down or dies. It is possible to challenge a national or an Imperial position. It is not possible to challenge the Throne, nor a civil service position such as the Tribune of the Synod or the Speaker for the Senate. Challenge cannot be used to force a citizen to abdicate a title they have been appointed to by a foreign power.
When a judgement of Challenge is submitted, the Tribune is responsible for informing the subject of the judgement. Usually they will send a messenger to find the citizen to ask them to attend the Hub so that they can be briefed on the development.
There are rules limiting which Imperial titles an assembly may challenge, similar to those covering revocation:
- The virtue assemblies may challenge the holder of a tenured position appointed by that assembly; at present, this only includes the Keeper of Emilio's Herbarium and the Claviger of the Basilica of Cora Holdfast
- The national assemblies may challenge a national position in the Senate, Synod or Military Council
- The Assembly of Nine may Challenge an Imperial or national position in the Senate, Synod or Military Council, except the Throne
- The General Assembly may challenge an Imperial or national position in the Senate, Synod or Military Council, except the Throne
Titles appointed via the Imperial Bourse and Imperial Conclave can never be the subject of a Challenge.
When new Imperial titles are created, the Senate motion may specify which assembly or assemblies will be able to revoke the position, and this also determines which assemblies can issue a challenge for that position.
A judgement of challenge requires a lesser majority to pass.
Outcome
If the judgement of challenge is upheld, it will trigger a re-election for the title at the next summit. The citizen holding the title does not lose it immediately; they continue to serve until the new election is called.
New elections will proceed in the normal manner for the title, as arranged by the Civil Service. If there is no clear winner of this election (for example, if it requires unanimous agreement of the Senators of a nation, and this does not happen during the following summit), then this is treated as no citizen winning the election, and the incumbent loses the title at the end of that summit.
If the subject is not present in the Hub for the verdict, then it is the responsibility of the Tribune to inform them of the outcome of the judgement. Synod members may choose to confront a citizen to inform them of the outcome of the challenge personally - to announce that there will be a new election at the following summit.
Regardless of whether the challenge is upheld or not, a new judgement of challenge cannot be issued against that title until a year has passed. For example, if a challenge is made a the Spring Equinox, a new challenge cannot be made until the following Spring Equinox.
Reappointment
Unlike a judgement of revocation there is no special outcome if the former incumbent holds their position. The only outcome is that a new challenge cannot be issued until a year has passed.
Constitutional Notes
The Constitutional Court has some concerns around the stipulation that the election take place at the next summit;. After a great deal of discussion they have determined to observe the use of the judgement, and to adjust the timing of the election if it becomes neccessary.
The Throne is specifically exempt from a judgement of challenge. The process of electing a Throne is convoluted enough that even restricted to one per year a judgement of challenge would be extremely disruptive.
Further Reading
Core Brief
Additional Information