The legal code

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The legal code of Illte is a loose document containing all the active laws of Illte. The basis of the legal code was set forth by Qakhomatze in 22-25 a.Q. This base acts as the historical constitution of Illte, and are still followed more than 1000 years after it was written.

The base contains laws on the definition of laws, the format of each laws passed, how laws are to be passed correctly, the limitation on what number of laws each act can contain, and what penalties that are available to lawmakers.

Definition

As defined in the basic legal code set forth by Qakhomatze, a law is a limitation on a specific natural freedom, or an instruction on how certain governmental tasks are to be performed[1].

The definition section also contains a definition of tradition. It states that a legal tradition is any legal instruction, written or spoken, that are considered to be a legal instruction on how specific tasks are to be performed, that are not enacted laws.

Format

The legal format is an instruction on how any law should be written and published after all debate and all consideration has been done, and the law is passed. The published law shall contain a heading, the law, any penalties, if applicable, and a footing, each of which are described in the basic code.

Heading

The heading must start with the text "By this legislation, WE, the parliament of Illte, set forth the following laws to be followed by", followed by who the law is applicable to, and where the law is valid. Most often this will name both the Illomi and the Zhonyo, though some laws only applies to one of the nations. Legal instructions will of course instead name the bureaucrats or governmental officials the law applies to.

The second paragraph contains the specifics of what type of law it is, a restriction of freedoms, or an instruction of office, and from what date it is to be followed. By tradition this date is, more often then not, the day of Qakhomatze[2]. Other traditional dates includes the day of Zara, the day of Illume[3], the day of Zhonyo, the Zhonyo day of departure, and the Zhonyo day of water.

Format of the law

The law are written with a heading stating what natural freedom it restricts, followed by a formal explanation of the restriction added to said freedom. The formal explanation traditionally contains a reason for why this limitation are set in place.

The penalty section follows the format of the law. It states what natural freedom is restricted by the penalty, who have the rights to apply the restriction, for how long the restriction is to be applies, and a clause that may limit the availability of the restriction to be applied.

Legal instructions will state what actions the office, or officer, will perform, in whatever manner deemed appropriate for the office, while any possible penalties will be given in the same way as for legal laws.

Footing

Legally the footing are only required to state that the law was either sanction by the king, or passed against his or her wishes, and that all signatures are available and attested by witnesses[4]. Traditionally the footing also contains information on the tradition of lawmaking and when the parliament was elected.

Enactment

Limitation

Penalties

The most common penalty among both active and former laws consists on penalties on the freedom of movement. During the dark age of banking penalties were often on the freedom to earnings, a practice that hasn't been viable for the last 300 years. Following these two penalties are penalties on the freedom to settle, the freedom to procreate, the freedom to work, and the freedom to life.


Most of the laws describing penalties on the freedom to earnings was either removed or changed by king Zara during her reign. The few that remained lost their viability after the currency revolution.


Originally there was only one infraction that had a penalty on the freedom to life, murder. That act was later accompanied by Zara's Act of usury prescribing a penalty on the freedom to life for anyone who demanded higher payment on money lending than the amount of the loan. This law ended the dark age of banking by spelling doom over bankers[5]. This law was followed by The act of unlawful suffering who also prescribed a penalty on the freedom to life for any action that causes any unlawful suffering[6].

References

  1. By this definition any law instructing how the public shall perform any specific task are in violation of the definition of law.
  2. New year's day
  3. The date Illume became the new capital
  4. Three witnesses are traditionally used
  5. During the reign of King Zara, 86 bankers was executed for infractions of this law. It is a matter of record that she executed 8 of them personally, thereby holding the record of both most personal executions, and most executions per year of reign.
  6. Unlawful suffering is defined by the law as any willful action causing unnecessary suffering.