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 request the Senate 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, Imperial Synod, Imperial Senate, Imperial Bourse, Imperial Conclave, and the Imperial 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.

Secrecy

It is possible for the Senate to create an Imperial title that can circumvent the normal legal checks and balances by accessing legal powers without the house that controls those powers having to vote each time they are used. The accompanying ease with which this allows these powers to be used is often cited as the reason for creating a new Imperial title, although historically the same reason is often given for abrogating the title later.

However it is never possible to create an Imperial title that is able to use powers in secret that would normally require a vote or official process of some kind. Normally the magistrates will insist that such powers are authorized using a suitable announcement to the relevant house, such as a Senate announcement. This allows the members of that house to be aware how their powers are being used, it allows the civil servants to determine when powers are being legally accessed and in the Senate it allows the decisions to remain subject to the veto of the Imperial Synod.

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 direct 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 armies of The League 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

All Imperial citizens are forbidden to hold more than one Imperial title concurrently. Attempts to create an Imperial title which appears to have more powers than are appropriate for the position are usually ruled unconstitutional - as 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 legal requirements 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 - the Synod is expected to use the stated responsibilities of an office to judge whether a citizen is failing in their duties and needs to be removed by revocation.

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.

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 how the position is appointed. The normal constitutional approach is that an Imperial title will be appointed by whichever arm of the Imperial government it draws most of its powers from.

For example, the Quartermaster General of the Imperial Armies helps the Military Council by resupplying their armies. However the power to authorize the resupply of Imperial armies lies with the Senate - so the most common method is to have the Imperial Senate appoint the position.

The magistrates will almost always allow the Imperial Senate to divest this responsibility to another house if they feel it is appropriate. So the Senate could choose to have the Military Council appoint the Quatermaster General if they felt this was appropriate. However the magistrates will normally act to prevent the Senate drawing undue power to itself by claiming the appointment of new Imperial titles which are more properly the business of another house. For example, if another Imperial college of magic were constructed, the magistrates would almost certainly insist that a dean be appointed by the Conclave.

Imperial, National, and Virtue Positions

Most Imperial titles are Imperial positions. Any citizen of the Empire is eligible to hold and Imperial position.

The Senate can declare that a new title they have created is a national appointment. A national position is still an Imperial title, but only a citizen of that nation may hold the title. Most of the five houses have standard mechanisms for appointing national positions to allow the people of that nation to make the decision more easily.

In addition a title that is appointed by the Synod may be declared a virtue appointment. Any citizen may hold a virtue appointment, but it indicates the title will be appointed by the cardinal of the appropriate virtue, rather than the wider Synod.

Election

The standard processes for appointing a citizen vary with each house. The methods described represent "well worn paths", common approaches that have been used for decades or more and consequently are known to commonly pass constitutional scrutiny without issue.

It is possible for a Senate motion to request that an Imperial title employ a novel method of election or have an unusual tenure or method of removal. All such motives are automatically subject to a high degree of scrutiny by the constitutional magistrates; the magistrates tend to be very conservative figures and anything that is novel or unique is often regarded with suspicion, just on principle.

Removal

According to the constitution Imperial titles that are appointed by the Senate, Synod, or Military Council should be subject to revocation by appropriate assemblies of the Imperial Synod. Imperial titles that are appointed by the Conclave or the Bourse are not. As with the election, it is theoretically possible for a Senate motion to request that an Imperial title be subject to removal by different or additional means, but such originality is usually frowned upon and rarely passes constitutional scrutiny. In particular attempts to grant the Senate the power to remove a citizen from an Imperial title are always declared unconstitutional.

The Imperial Senate

The Senate has a traditional set of guidelines for all appointments by the Senate.

The Imperial Synod

An Imperial position appointed by the Synod is usually elected by judgement of the General Assembly of the Synod or by judgement of the Assembly of Nine. The position would normally be eligible to be revoked by both assemblies.

A national position appointed by the Synod is usually elected by judgement of the appropriate National Assembly. The title would then be subject to revocation by the national assembly as well as the General Assembly and the Assembly of Nine.

A virtue position appointed by the Synod would be selected by the cardinal of that virtue. The title-holder can then be revoked by their Virtue Assembly and by the General Assembly.

The Gatekeepers are examples of virtue appointments elected by the Synod, one for each virtue.

The Imperial Bourse

An Imperial position appointed by the Bourse is auctioned to the highest bidder. The money paid by the successful bid is added to the Imperial treasury.

The Bourse appoints national positions by vote of members of that nation who hold the resources traditional for that nation. For example, a League position in the Bourse is usually elected by vote of League business owners. Each citizen who owns the right resource receives a number of votes proportional to the size of their resource which they can cast for a single candidate of their choice whenever the position is elected. To be eligible to vote the required resources are:

No titles appointed by the Imperial Bourse can be revoked by the Synod - but these positions are usually reappointed each year.

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

The Imperial Military Council

An Imperial position appointed by the Military Council is elected by simple majority of any members of the Military Council who are eligible to vote who is present when the election takes place. It is customary to carry out the election with a show of hands at a Council session. A national position appointed by the Military Council follows the same process, but only the generals of that nation are allowed to vote.

An Imperial appointment by the Military Council can normally be revoked by the General Assembly and the Assembly of Nine, while a national appointment can also be revoked by the appropriate National Assembly.

The Imperial Conclave

An Imperial or national position that is appointed by the Conclave is normally elected 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 position appointed by the Conclave.

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 the position usually remains vacant until any work required is complete.

Example

The Auditor of Senatorial Accountability is a ceremonial title appointed by the Synod, with a variation that the position be appointed by the Assembly 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.