New Imperial titles

Overview

Only the Imperial Senate has the power to create a new Imperial title. If another house, such as the Imperial Synod wants a new Imperial title to be created to help them discharge their responsibilities then they must importune the Senate to create the position for them.

New titles have the potential to possess wide-ranging powers with little or no oversight or constraints. Because of this new titles are subject to constitutional scrutiny by the magistrates to ensure that they preserve the spirit of the Imperial Constitution and do not unduly change the separation of powers between the five great houses of the Empire, the Synod, Senate, Bourse, Conclave and Military Council.

Powers

A title may be assigned one or more legal powers. In the vast majority of cases these are either powers exercised by members of one of the arms of government - or they are powers exercised by that house collectively. For example a burser created by the Senate to investigate expenditure by senators and seek out malfeasance, could be granted the power of inquisition (a power normally exercised collectively by the Synod) and the right of address in the Senate (a legal power normally granted to senators and the like).

Titles created by the Senate in this way do not need to follow the normal restrictions on their usage. For example, for the Senate to employ the power of commission requires a motion be proposed by a senator and approved by majority vote. If the Senate wished to give greater support the Imperial Military Council they could create a title with the power of commission over military procurement - with the duty to arrange the resupply of Imperial armies.

Limitations

It is not possible to dictate how a power may be used - the Senate is forbidden from extending its power by creating titles under their control. However the Senate can set limitations on how any legal powers can be used. The standard limitations are by nation, territory or house - the holder of that title can then only use those powers on members of that nation, territory or house or commissions based in that nation or territory.

For example, a title might carry the responsibility to secure the defences of Holberg. This title could come with the legal authority to resupply League armies and repair fortifications in Holberg. The holder of this title would not be able to resupply other armies or fortify other regions.

It is not acceptable to limit a title in other ways. For instance, it is possible to create a title with the responsibility to support the welfare of the Church of the Little Mother, with the legal authority to authorize the construction of churches and cathedrals. But legal authority could not be constrained in any way so that only the Church of the Little Mother could benefit from the construction.

Restrictions

Any title which includes one or more legal powers may not also have oversight of a mercantile investment - it is not possible to grant legal powers to a sinecure or minister - all attempts to do so are always ruled unconstitutional - an attempt to bundle too many responsibilities and power together.

Responsibilities

Senators are encouraged to define carefully what the responsibilities of any Imperial title they propose to create. It is not possible to place instructions on how the powers a title possess must be discharged, the holder of an office cannot legally be directed on what actions to undertake to uphold their office. However the responsibilities of an office are important - it is not unknown for citizens to face the threat of revocation by the Synod for failing to adequately discharge the responsibilities of an Imperial title they have accepted.

Stipend

Any title may be granted a stipend - a regular income which is drawn directly from the Imperial treasury. Titles with responsibilities that are likely to incur significant costs are the most eligible for a stipend, but any post can have one attached to it in theory. A tiny stipend is occasionally used to demarcate an Imperial title from a ceremonial title.

A title may not be given a disbursement - they may be assigned a stipend but it is not legal to allocate a one-off payment from the treasury to the first holder of a title.

Creating New Powers

The powers of the houses and the titles associated with those houses are well known and understood by constitutional scholars. It is perfectly possible for the Senate to create a new legal power - but any attempt to do so will bring close scrutiny from the magistrates to ensure it is compliant with the ethos of the Constitution. It is usually simpler to incorporate existing legal powers rather than create new ones.

Appointment

When a title is created, the Senate must decide which arm of the Imperial government the title will be bound to; the Senate, the Synod, the Conclave, the Military Council or the Bourse. This decision normally dictates how the appointment will take place - and how the occupant can be removed. Once a title is created, the house association cannot be changed - a title can be abrogated - dissolving it completely - but it cannot be amended to associate it to a different house.

It is anticipated that the association between a title and a house will be chosen on the basis of the nature of the title - not on the powers the title possess. Titles that do not do this risk being rejected on the grounds of being unconstitutional. For example, the Master of the Imperial Mint is bound to the Imperial Bourse - but the holder of the title has powers to speak in the Senate. Likewise the Conscience of the Senate is bound to the Synod - but has the power to vote in the Senate.

The Senate can choose to declare a bound title to be a national appointment or an Imperial appointment. A national appointment is still an Imperial title, but it affects who is eligible for the title and how it is appointed. In addition a title that is bound to the Synod may be declared a virtue appointment.

Any title that is a national appointment can only be held by a member of that nation.

The Imperial Senate

An Imperial appointment bound to the Senate is appointed by vote of the Senate. Any such vote requires the greater majority to pass, that is two-thirds of all the Senators of the Empire must approve the candidate - otherwise no candidate is appointed. The occupant of such a title can be revoked by the General Assembly of the Synod or the Assembly of Nine

A national appointment bound to the Senate is chosen by unanimous approval of the senators of that nation. If the senators cannot come to a unanimous agreement, then they each nominate an eligible candidate, and appointment is made by majority vote of the Senate present. The title-holder can be revoked by the appropriate National Assembly, the General Assembly or The Assembly of Nine.

Although the Imperial generals serve on the Military Council, they are examples of national appointments bound to the Senate; they are appointed by the senators of their nation. The Throne is an example of an Imperial appointment bound to the Senate.

The Imperial Synod

An Imperial appointment bound to the Synod is appointed by vote of the General Assembly of the Synod or by the Assembly of Nine. The title-holder can be revoked by the General Assembly of the Synod or the Assembly of Nine.

A national appointment bound to the Synod is chosen by majority vote of the members of the appropriate National Assembly. The title-holder can be revoked by the appropriate National Assembly, the General Assembly or the Assembly of Nine.

A virtue appointment bound to the Synod is chosen by the Cardinal of the appropriate virtue. The title-holder can be revoked by their Virtue Assembly or by the General Assembly.

The Gatekeepers are examples of virtue appointments bound to the Synod, one for each virtue.

The Imperial Bourse

An Imperial appointment bound to the Bourse is appointed by auction to the highest bidder.

A national appointment bound to the Bourse is selected by a unique mechanism for each nation. For example, the League select their national bourse positions by secret vote of business owners; the Marchers by vote of farm owners while the Varushkans select their national Bourse appointments by secret vote of the mine and forest owners of the nation. Highborn appointments are done by vote of congregation owners, Freeborn appointments by vote of fleet owners, Dawn, Wintermark and Imperial Orc appointments are done by vote of those who control military units. Navarr appointments are voted by herb garden owners, Urizen appointments are voted by mana site owners.

No titles bound to the Imperial Bourse can be revoked by the Synod - instead these positions are reappointed each year.

The Golden Trees of Seren is an example of an Imperial appointment bound to the Bourse. The Master of the Imperial Mint is an example of a national appointment bound to the Bourse.

The Imperial Military Council

An Imperial appointment bound to the Military Council is short-listed by the members of the military council and then selected by the Senate. To create a short-list, papers are passed to every individual with a vote on the Military Council who is present. They can write one or more names on their paper which are collected by the civil servants. All the names put forward are collated and the list is passed to the Senate who may choose any individual from the list by majority vote of senators at the next senate session. If the list only contains a single name, that individual is automatically appointed without recourse to the Senate.

A national appointment bound to the Military Council follows an identical process, but only the generals of that nation are allowed to present candidates for the short list. An Imperial appointment can be revoked by the General Assembly or the Assembly of Nine, while a national appointment can also be revoked by the their National Assembly.

The Imperial Conclave

An Imperial or national appointment that is bound to the Conclave is appointed by a standard process of declaration of candidacy. Conclave positions cannot be revoked by the Synod, but can be reappointed at any time by the Conclave following a new declaration of candidacy.

The Dean of the Lyceum is an example of an Imperial appointment bound to the Conclave.

Variations

It is perfectly possible for the Senate to propose variations to the mechanisms for appointing a title, but such variations are subject to close constitutional scrutiny. Variations that make a post more specific and help to achieve a specific goal are likely to pass such scrutiny more easily, variations which do nothing other than extend the control of the Senate over the post are likely to be rejected as unconstitutional, as an attempt by the Senate to interfere in the workings of another house.

Automatic Titles

Some motions of the Senate result in the automatic creation of a new title. For example, if the Senate create a new Highborn army, then this results in the automatic creation of a new Highborn General. If the Imperial armies complete the conquest of a territory, then this results in the automatic creation of a new Senator. If a motion causes a title to be created then any variation to the powers or appointment of the title desired by the Senate must be specified at the point where the motion is passed; the title is assumed to come into being at that point - even though it is not filled until any work required is complete.

Example

The Auditor of Senatorial Accountability is a ceremonial title bound to the Synod, with a variation that the position be appointed by the Council of Nine, rather than the General Assembly. As the position has no formal powers, this variation is not subject to any constitutional scrutiny. It is noted that the title would benefit from powers such as the right to speak in the Senate and the right to address the Senate or the power of Inquisition.