| Istalian Empire|
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The Istalian judicial system is based on the Augustan law modified by a Civil Code created on the basis of the Canrillaise's codes and then by later statutes. Its independency and protection from the executive branch, respecting the principle of the power separation, is assured by a special constitutional protection.
It is based on a mix of the adversarial and inquisitorial civil law systems. Appeals are treated almost as new trials, and three degrees of trial are present. The third is a legitimating trial.
Judicial review exists under certain conditions, established by the Constitutional Law, in the Supreme Court which can reject anti-constitutional laws after scrutiny.
The highest bodies of the Judiciary system in Istalia are the Supreme Tribunal of Cassation (istalian: Tribunale Supremo di Cassazione), the highest court of last resort for most disputes for both criminal and civil appeal cases, and the Supreme Court (istalian: Corte Suprema), which has a duty of judicial review of the laws and can strike down legislation as being in conflict with the Constitution, and the Council of State, which is the supreme courts for the administrative justice but also a legal-administrative consultative body that ensures the legality of public administration in Istalia.
Ministry of JusticeEdit
The Ministry of Justice handles the administration of courts and judiciary, including paying salaries or constructing new courthouses. The Ministry of Justice and that of the Infrastructures fund and the Ministry of Justice and that of the Interiors administer the prison system. Lastly, the Ministry of Justice receives and processes applications for Imperial pardons and proposes legislation dealing with matters of civil or criminal justice.
High Council of the JudiciaryEdit
Alongside the Ministry of Justice existes the High Council of the Judiciary (istalian: Alto Consiglio della Magistratura) which is a self-governing institution in order to insure the autonomy and independence of the judiciary from the other branches of the state, particularly the executive one, according to the principle of the separation of powers expressed in the Istalian Constitution. The High Council handles the appointment of magistrates (always through a public examination), assignment of magistrates to a specific role, promotions, transfers, subsidies for magistrates and their families, appointment of some magistrates to the Supreme Court of Cassation, the appointment and removal of honorary magistrates.
The civil and criminal justice are administrate through a parallel system of national courts and regional courts which have respectively jurisdiction over questions of national law and regional law.
The structure of the Istalian judiciary is divided into three tiers, but the last one has jurisdiction on both the national and regional courts:
- Inferior courts of original and general jurisdiction
- Intermediate appellate courts which hear cases on appeal from lower courts
- Courts of last resort which hear appeals from lower appellate courts on the interpretation of law.
Civil and Criminal JusticeEdit
Justice of Peace, Tribunals and Courts of AssizesEdit
The first degree of trial is administrated by national and regional Keeper of the Peace and Tribunals, articulated in each provice (territorial sub-divisions of the regions) and only national Courts of Assizes, the latter being dedicated to the most serious criminal justice which law is uniform all over Istalia. The regional Peace offices and tribunals deal exclusively only regional affairs.
Appeal Courts and Appeal Courts of AssizesEdit
The second degree of trial is administrated by national and regional Appeal Courts while, like for the lower level, there are only national Appeal Courts of Assizes with exclusive jurisdiction on the most serious criminal trials.
Supreme Tribunal of CassationEdit
The Supreme Tribunal of Cassation is the highest national court of appeal or court of last resort in Istalia for both criminal and civil appeal cases. It has its seat in the Palace of Supreme Tribunal, Romula. It also ensures the correct application of law in the inferior and appeal courts and resolves disputes as to which lower court (penal, civil, administrative, military) has jurisdiction to hear a given case.
The Supreme Court of Cassation is organized into two divisions: a criminal section and a civil section. The Court has a general president, The First President of the Supreme Tribunal of Cassation, a deputy, and each section has its own president. Cases brought to the supreme court are normally heard by a panel of five judges. In more complex cases, especially those concerning compounded matters of statutory interpretation an extended panel of nine judges ("united sections" of the supreme court) hear the case. In addition, in every case submitted to the Supreme Tribunal, the office of public prosecutor must state their interpretation of the applicable law, to assist and facilitate the court, in a consultative capacity, in reaching its final decision.
In Istalia executive and legislative actions are subject to review by the judiciary which has the power to assess whether a law is in compliance with the Constitution. The judicial interpretation of the constitution is carried out by a dedicated constitutional court which performs this and only this function, the Supreme Court.
The Supreme CourtEdit
The Supreme Court of the Istalian Empire is the highest court of Istalia in matters of constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights and freedoms.
According to the Constitution, the Court shall pass judgement on: controversies on the constitutional legitimacy of laws issued by the State and Regions and when the Court declares a law unconstitutional, the law ceases to have effect the day after the publication of the ruling; conflicts arising from allocation of powers of the State and those powers allocated to State and Regions, and between Regions; charges brought against the Prime Minister and the Ministers.
It is composed of 15 judges for the term of service of seven years, 3 appointed by the Emperor, 6 elected by the Parliament and 6 elected by the ordinary and administrative supreme courts. It is housed into the Palace of the Guilds.
Administrative law in Istalia, known as Diritto amministrativo, is a branch of public law, whose rules govern the organization of the public administration and the activities of the pursuit of the public interest of the public administration and the relationship between this and the citizens. The judiciary review power on the administrative law in Istalia is vested in a separated and indipendent administrative judiciary system, a two levels system articolated in Administrative Courts and in a supreme national administrative court called Council of State.
There are five Administrative Courts, one for each regions, and they are competent to judge on appeals, proposed against administrative acts, by individuals or corporation that belives a decision of a state or local authority relating to them is illegal and consider themselves harmed in their own legitimate interest. These are administrative courts of first instance whose sentences are appealable before the Council of State.
Council of StateEdit
The Council of State is the supreme court competent for the administrative justice in Istalia which act as second instance judge of administrative justice, i.e. it is the appeal judge against Local Administrative Courts decisions. The Council, however, it is also an advisory body which ensures the legality of public administration and assists the executive and the other institutional bodies of the State with legal advice, sometime also binding advice.