Public law is about describing the functionning of a government
This post might be even longer than my proposal about civil law so be warned; I put a miniplan to put direct links to the parts you want to go to. After all, I've vorking on this since October 19, 2019!
Part 1: Introduction, Constitutional Law, Local Authorities
Part 2: Administrative Law, Judiciary
Part 3: Treasury, Relation with Populations, International Law
INTRODUCTION AND DEFINITIONSFor the purpose of this post, a state shall be defined as an institution exercising sovereignty over a population and a territory
Nomadic states would have sovereignty over their population and any territory they presently control until their next migration
PopulationThe
population of a state is the group of sentients whom it rules. It shall be divided between
subjects, who "belong" to this state, and
foreigners, who don't
TerritoryThe territory of a state shall be the land on which it rules. Nomadic states would have instead an area of control, on which they would have rule only when present on it. Territory can be won or lost by sale, settlement of
terra nullius or annexation
CONSTITUTIONAL LAWThe subject of constitutional law shall be the government of a state and how its several powers and functions are managed
GovernmentA government is an institution ruling the state. The persons belonging to a government shall be denominated rulers
Rulers shall rule for a term of years or for life. They shall be chosen by methods including election, cooptation or (in the case of some life-term rulers) heredity. Some ruler offices could be
ex officio: for exemple, the ruler(s) of a theocratic state would be the priest of the temple which founded this state (Vatican)
In some cases of life-term rulers, a position of designated succesor shall be established (heredity/personal choice by the ruler)
Some conditions might be imposed on rulers such as age, skills, religion or personal wealth. Additionally, electors might have conditions imposed on them too, such as belonging to a certain class
Regulations on rulers unable to exerce their responsabilities, whether because of being juveniles, insane or becoming "abominations" (werecreatures or vampires in cultures where this is unacceptable; OTOH, some cultures might require their leaders to be "abominations", such as a necromancian-ruled territory) shall be established: in cases of life-term rulers, it might involve the nomination of a regent, in other cases it might involve the resignation
Powers and functionsTraditionally, the powers of a government are divided in three parts: legislative, judiciary and executive
Separation of powers was not that widespread in the pre-1400 era, and even after, some mixing between powers ocurred (for exemple, French ministers still tried administrative cases related in their functions, and until 2009 the British House of Lords had judicial functions), and so, in my model, rulers start by having all three powers to exerce
LegislativeThe legislative function refers to law-making authority, the power to create, modify or delete legal norms
However, as I mentionned in other threads about criminal and civil law, divine revelation, customs, judicial precedents and doctrine are also sources of law; legislative function refers to the deliberate creation of law
To make law, the ruler informs himself with his ethics and values, along with what he see as solution to issues facing the state and his plans
JudiciaryThe judiciary function refers to the resolution of disputes by the application of the law
In my thread about criminal law, I refered to high justice and low justice as means to divide legal cases; I might define them below:
* High justice refers to felonies cases in criminal law and, in civil law, cases involving personal status, real estate, artifacts or amounts abobe a defined ceiling
* Low justice refers to the rest
It might be handy later, for issues such as appeals or procedures (high justice should involve more formal procedure than low justice)
The notion of jurisdiction shall also be viewed: it shall means the ability to hear a case and be defined by the type of justice, along with the territory or, more rarely, the persons
A jurisdiction with low justice shall be under a jurisdiction with high justice
A regular trial shall have first the fact determination and then a phase of decision based on these found facts, basing on law. Of course, more despotically-minded rulers might either not bother with a phase of determination of facts, even irregular, or not even bothering with any law other than their sole will
ExecutiveThe executive function shall concern with the day-to-day running of the state, by the execution of the law and the enforcement of court rulings (see Administrative law). It shall also deal with foreign relations (see part on International law) and armed forces
As with law-making, values and ethics shall guide the decisions taken or the reactions to issues facing the state
Evolutions of constitutional lawSeveral factors cause the evolution of constitutional law
Delegation of functionsAs this might appear at first, it seems rulers do every function of the state. It might be true for smaller-scale states (think clans) but, for larger ones they might have to delegate a bit or, in world magical enough, use items or spells (a ruler might put a spell on his realm to automatically mark for punishment any law-breaker, thereby dispensing with the need for courts; another ruler might have an item activating whether his country was at war, to destroy the enemies)
They might have to delegate, whether to more local entities (see Local authorities) or to officials and their bureaucracies (see Administrative law)
At the central level, more complex states (i.e. larger, more populous and/or wealthier) would require more skills at higher levels, and rulers might be less likely to fulfill these conditions:
advisors might help them. To better describe this concept, I will introduce the Statecraft category of skills, grouping the category of skills needed to run a state such as Military leadership, Naval leadership or Foreign affairs. These advisors might be grouped in a
cabinet, which shall be part of the government
Incubemcy and will to centralizeTo oppose the above phenomenon, the ruler(s) want to get more and more powers inside the state, whether by reducing the local liberties to the benefit of the central government or, inside the government itself, getting more and more power
Another movement is the one seeing the ruler wanting more and more incombency, by lengthnening his term and, if already a life-term, tending to heredity or choosing his succesor
In a government ruled by a board of rulers, the head ruler would want to get more and more powers relative to the corulers until finally removing them
Moves from local and national groupsSome persons or entities (social groups, temples, clans and others) inside the state would want more autonomy to deal with their own affairs (see Local authorities), or more infleunce on the running of the state
The power of such persons or entities should come whether from their wealth, numerical influence or physical stregth, whether personal (sentient megabeast residing in a state, the strongest individual in a small kobold tribe) or collective (private militias)
They could influence the ruler for enacting a decision they want, either because of their ethics, values and interests, or to cancel it
On a larger scale, they could influe on constitutional issues such as trying to have their word in the choice of the ruler, whether by having him elected or by shortening his term, or the choide of his cabinet
Horse-trading might occur: for exemple, a ruler might try to get a life term by giving to local potentates less contributions or more lands. It might also occur between local powers, such as a noble family supporting a temple having temporal authority and representation, and this temple supporting this family having private armies
Such interventions might be made official by an
assembly, part of the government, of such groups to deal with a specific question (for exemple the French Etats généraux were called by the king whether he needed to raise taxes) and, if these groups make more and more pressure, become institutionalised: this assembly will no longer have a transient existence but a permanent one and might be gathered at regular times. The
delegates to this assembly might be chosen whether by election (by a group of persons or a local authority; some unusual cases might see a powerful trade company electing delegates), ex officio (for exemple, some of the most important landed nobles or priests might be automatically delegates), nomination by the ruler or by any other method; their term might be for a single reunion, for a term of years or for life
This assembly will try to wrestle more and more powers from the ruler but typically will start with trying to get more and more influence on legislation and contributions, starting with a consultative power. Assemblies and council might influe on each other, with assemblies wanting to have a say on the nomination of advisors
Of course, the ruler will try to redue their power; his ultimate purpose, if not held back by factors such as tradition, will be to suppress these assemblies
Constitutional crisisSuch crisis could occur when a surprising and unplanned situation happens. For exemple, a hereditary ruler could die without any descendence. In other cases, the succesion would be less clear-cut, or a more powerful claimant could, well, claim the throne for himself
Another way would be conflicts between stakeholders: for exemple, a ruler might levy taxes without consulting his Assembly
Yet another way would be a blatant constitutional violation, such as a ruler appointing himself for life in an office normally made to be held for only 5 years
The resolutions would be either the upholding of the old system (the ruler who appointed himself for life might end deposed) or modified (life nomination might become a constitutional norm); the process could be either peaceful or violent (think succession wars)
ConclusionThe model I described myself is a ruler ruling alone with absolute power, but whose state's complexity is growing, resulting to him having to nominate advisors, and more groups are asking for having their word to say in the running of the government. Such models might be relevant for a local landowner who became a warlord
It doesn't have to start like this: for exemple, a settlement might be started on a democraic basis, with the ruler, here Mayor, having to be elected by an Assembly of citizens, who also has legislative and judicial powers. From there, several options are available, such as status quo, an ambitious Mayor eroding democracy or, the population becoming too high, the citizens being represented by their guilds. We could even have alternate between autocracy and democracy with all the transitions between these two limits
Another case would be a sentient megabeast, who would be may more powerful than his subjects and consequently might be less forced to listen to his subjects. In an extreme case, an omniscient and all-powerful deity might be able to rule a totalitarian state; indeed, one might even wonder why he would bother with only a single state, apart if he is a tutelar god, limited to a geographical or ethnic delimitation
And what about the player? While having an adventurer ruling an entire state might be only in a long time, he could be an actor in the constitutional functioning of the state
LOCAL AUTHORITIESLocal authorities describe all the subunits of a state, whether geographic or demographic (think tribes and clans)
DescriptionA local authority shall have a population and, in some cases, a territory; some local authorities might not have any territory because their populations are nomadic
Local authorities are divided in
site authorities directly governing a site, and
regional authorities governing a group of site authorities or other regional authorities
Site authoritiesDescriptionA site authority shall govern a site such as a fortress, forest retreat or city. More precisely, it shall govern the territory itself and its inhabitants
This territory shall be composed of the site itself and its
hinterland (territory under a certain distance of the site) in which are present the
holdings dependent of this site (villages, hillocks)
Sentient megabeasts who joined a state might also be considered, themselves and their home, as site authorities, such as a giant treating his retreat as his home. Such megabeasts could have subjects
GovernanceMuch like a state (see CONSTITUTIONAL LAW), a site authority has a
site government, with its
site ruler, whether collective (see Directory) or individual, and who could have gotten the position by election, heredity, cooptation or nomination by a higher authority. In addition of this, the governance shall be impacted on by upper authorities which might want to have more power inside: for exemple, they might want to ask for a right of confirmation on rulers or a veto right
Manorialism and local immunitiesTwo issues to consider, first, a local landowner wanting or even needing (if public services are too far) to have even more power, and second, a central or even regional government unable or unwilling to fully rule might end in a local landowner ususping or being given public law posers on his property, which would become a
manorA manor shall be an institution covering a continous area and who have public law powers. They shall be real properties able to be sold and conveyed by their
lords of the manor, who could be sentients, groups such as clans or corporations such as temples. Their size could go from a small village to an entire district
A lord of the manor should be both the owner of lands in this manor (at least initially) and the subruler: for exemple, as owner, he could sell buy and land inside his manor to other parts but these lands shall remain under the rule of the lord of the manor. He shall also have public law powers on inhabitants
A related concept, for non-land based entities such as clans, might be
immunities, where a clan would be considered as a nomadic local authority
Regional authoritiesRegional authorities shall be the overreaching local authorities for a region encompassing several sites. They shall have a control over the site authorities (or paramountcy) and shall govern unincorporated territory outside any site authority. The authority directly above a regional authority shall be the government of the state
They shall be governed with ruler or rulers nominated by the government, hereditary rule or election. Local powers could obtain the ability to form
regional assemblies in order to participate to the regional government, whose organization would be like the assemblies I described earlier in CONSTITUTIONAL LAW
NomadismNomadic groups would have site authorities, tasked with managing the group members and their area of control
Nomadic authorities would see sites replaced by the clans I described earlier in my thread about civil law, the households being the constituing parts of these clans
The
area of control of these clans would be the territory they control, whether by inhabiting it or by using it
Nomadism would be caused either because of the need of finding new pastures or because these people are hunter-gatherers; both behaviours would have to be implemented first
States wouldn't be all-sedentary ot all-nomadic: a nomadic tribe could have sedentary people as subjects while a sedentary empire could have nomadic clans under its yoke. A sedentary circonscription could have nomadic clans using territory outside the territory of stable sites
PowersPublic powers are the acts an authority is allowed to do and the fields they can legislate about; they are divided in three parts:
higher sovereignty, which are the powers strictly denoting a sovereign state, such as foreign relations,
lower sovereignty, which are powers which could be attribuated to lower ranks such as public order, and
general powers, such as regulating fishing or public cleanliness
These categories shall be relevant for the next part
State and regional controlAny upper authority want to have a maximum control over lesser authorities, and conversely each lesser local authorities might want to protect and increase its autonomy and, if lucky, have influence in upper ranks
Local authorities will try to
usurp powers of upper authorities, starting with those in the lower sovereignty category; usurping higher sovereignty powers might be attempted in cases where the local authority want to prepare a secession. Conversely, an upper authority might want to
encroach on lower ranked authorities, starting first with the higher sovereignty powers
All this shall be balanced with the will of an upper authority to save resources by delegating parts of governance to lower parts, and the will of smaller authorities to be protected by upper ones (a city might want the state to protect its shipping from piracy). Traditionalism might also play a role, with some being more reluctant to do changes, especially if the present situation suits them well
Impact on playingThe History mod would have one more reason to have conflicts: the old-age controversy between central governments and local entities was a great mover of history; moreover, internal conflicts also were, with, for exemple, urban burghers fighting with landed nobility or these same burghers fighting against their own workers to settle who should rule or at least have power there, without counting with established incumbents wanting to have more powers to themselves. And this is without accounting between conflicts between local authorities, for exemple two villages ducking out over who should own pastures of a given well in a desertic region. Adventurers might participate in these conflicts
More peacefully, adventurers and historical personalities might be interested to get positions inside a site, or to manage the status of the settlement they built
As for Fortress mode, it might be expanded beyond "funding new colonies": maybe, for exemple, managing an already established place, and not only a fortress/city but an entire region