Politics of Toloria
 Coat of Arms of the Union of Toloria | |
| State type | Unitary Semi-Presidential Republic |
|---|---|
| Constitution | Constitution of the Union of Toloria |
| Legislative branch | |
| Name | National People's Assembly |
| Type | Unicameral |
| Meeting place | Phakeme |
| Presiding officer | Uchea Ekene Speaker of the People's Assembly |
| Executive branch | |
| Head of State | |
| Title | President of the Union |
| Currently | Dumisile Gwaza |
| Appointer | Direct Popular Vote |
| Head of Government | |
| Title | Prime Minister of the Union |
| Currently | Deda Meshindi |
| Appointer | President of the Union |
| Cabinet | |
| Name | Government of Toloria |
| Current cabinet | Third Meshindi Cabinet |
| Leader | Prime Minister of the Union |
| Deputy leader | Deputy Minister of the Union |
| Appointer | President of the Union |
| Headquarters | Indawo Malao |
| Ministries | 15 |
| Judicial branch | |
| Name | Supreme Court |
| Constitutional Court | |
| Chief judge | Abelo Thando |
| Seat | Chief Judge |
The politics of the Union of Toloria operate within the framework of the Constitution of the Union of Toloria, which calls for a unitary semi-presidential republic system. The nation declares itself to be "indivisible, democratic, and unwavering." The Constitution calls for separation of powers and adherence to national sovereignty.
The political system of Toloria is divided into three branches: executive, legislative, and judicial. In the Tolorian system, the head of the executive branch, the President wields extraordinary power. The President is responsible for appointing all the major figures of the political system. The President appoints the Prime Minister and the Cabinet. These appointees must be approved by the legislature, however it is only a formality since the President holds the right override the veto of any appointee. The Prime Minister is accountable to both the President and the National People's Assembly. A vote of "no confidence" by the legislature would remove the Prime Minister, with the President having no power to override this.
The National People's Assembly is the sole body that comprises the unicameral legislature. Its responsible for passing statutes and passing the budget. It also holds the executive branch accountable through formal questioning on the floor of the Indawo Malao and by formal commissions of inquiry. The statutes passed by the People's Assembly are reviewed for constitutionality by the Constitutional Court of Toloria. Members of the Constitutional Court are appointed by both the President of the Republic and the Speaker of the People's Assembly.
The independent judiciary is composed of two parts: the Constitutional Court and the Supreme Court. The former is the administrative branch that reviews statutes and laws passed by the People's Assembly for constitutionality and settles lawsuits that challenge standing laws. The latter is the judicial branch and is the highest court in the country that deals with criminal or civil disputes that were not resolved in lower courts. The Supreme Court governs through a civil law system. The Tolorian judiciary also has various bodies that are responsible for checking executive or legislative abuses of power, however they have proven to be ineffective.
Toloria is a unitary state, and is divided into provinces and counties. The People's Assembly has the ultimate governing authority, with lower levels of government having to comply with the statutes that they pass. The People's Assembly, as stated in the Constitution, reserves the right to dissolve any lower level of government. In this way, lower level governments have a responsibility to carry out the demands of the People's Assembly.
Constitution
Executive Branch
| Office | Name | Party | Since |
|---|---|---|---|
| President | Dumisile Gwaza | People's Unity Party | 5 May 1980 |
| Prime Minister | Deda Meshindi | People's Unity Party | 7 May 2005 |
The Tolorian Constitution created a dual executive system, consisting of the president and the prime minister. The Prime Minister is appointed by the President, and is responsible to both the President and the Tolorian Parliament. The President is elected by a direct popular vote, in which a presidential candidate is required to obtain a nationwide majority of non-blank votes at either the first or second round of balloting, which implies that the President is somewhat supported by at least half of the voting population.
This has led to the President being the dominant figure in Tolorian politics. The constitution sets out certain guidelines for the office of the President, but Gwaza has gained additional powers both through ad hoc measures and legislative statutes. The President informally controls the agenda of the Prime Minister, who sets the agenda for the legislature. The President has the power to directly dismiss the Prime Minister. The President also has the power to override a veto of a prime ministerial candidate or a vote of "no confidence" by the legislature. When the President's political party has majority power in the legislature, everyone typically follows his agenda (even though parliamentary disagreements have occurred.) While his party was the majority, Gwaza influenced the legislature to pass amendments that expanded his scope of power.
When the majority legislative party is the opponent of the President, the powers of the President become slightly more restrictive. The President can still choose the Prime Minister, but in order to be effective, the Prime Minister must be of mutual interest to the majority opposition party.
Government
The Government of Toloria is set up to have a prime minister (who is the formal head of government), a deputy prime minister, and federal ministers, along with their respective ministries. Within two weeks of appointment, the Prime Minister must submit a list to the President, detailing his nominations of subordinate Cabinet positions. These nominations must be approved by both the President and Parliament. The Government is responsible to the President and Parliament, with the latter being able to censure the Government, and both being able to dissolve the Government. In practice, this forces the government to reflect the same political party or coalition which has the majority in the Assembly, however, with the President being able to override votes of "no confidence", Toloria has never had its Government dissolved. The Prime Minister is required to periodically attend Parliament sessions and answer questions proposed by Parliament, known as "Inquiry of Government Actions." Ministers are also required to answer questions about their departments from Parliament, both written and orally, when requested to do so. Ministers generally, although not required, attend meetings that are discussing areas pertaining to their area of responsibility.
The Prime Minister carries out their agenda in line with the constitution, laws, and presidential decrees. The ministries of the Government enforce monetary policies, defense, foreign policy, and state security functions, ensure the rule of law and respect for human and civil rights, protect property, and take measures against crime. If the Government issues orders that are at odds with presidential decrees, the President may rescind them. The Government formulates the federal budget and submits it to the People's Assembly.
The government plays a leading role in shaping the agenda of the Tolorian legislature. It may not directly introduce legislation in Parliament, but they may draft up legislation and have a current MP sponsor it. They may also propose amendments during parliamentary meetings.
The government varies in which ministries it has, but there will usually be:
- Ministry of the Interior
- Ministry of Foreign Affairs and Trade
- Ministry of Defence
- Ministry of Health
- Ministry of Education
- Ministry for the Economy, Industry and Employment
- Ministry of Justice
Currently there are 19 ministries in the Tolorian Government.
Presidential Powers
Since Dumisile Gwaza took power in 1980, the powers of the head of state have steadily increased. When he first took office, his party had the majority in the Parliament. Gwaza implored the legislature to follow his agenda, and he successfully pushed through several amendments that gave more power to the president. Each time that his party has had a majority in Parliament, Gwaza has successfully pushed more amendments to expand the scope of his power. Because of this, the office of the President determines the direction of foreign and domestic policy in Toloria and represents the country within foreign and domestic affairs. The president appoints and recalls Tolorian ambassadors upon consultation with the legislature, conducts international meetings, and signs international treaties.
The President has prescribed power over the legislature and is the most powerful political figure in the country. The President has power to issue decrees, and the legislature has ceded to allow him to issue ordinances. However, these must be in accordance with constitutional law. Under extreme conditions, the president has the power to dissolve the People's Assembly.
As stated, the President is the most dominant figure in Tolorian politics. Thus, attempting to circumvent their agenda is difficult under the constitution. In the words of the Constitution, if the President commits a "heinous crime" or treason, the Speaker of the People's Assembly has the power to file charges of impeachment against him. These charges must be confirmed by a ruling of the Supreme Court that the president's actions constituted a crime and by a ruling of the Constitutional Court that proper procedures in filing charges have been followed. The charges must then be confirmed by a special committee of the People's Assembly. Upon confirmation, it is finally put to a vote before the entire People's Assembly whether to remove the President from office. One might find it difficult to successfully impeach the President under this directive of the Constitution, due to the fact that the President appoints all members of the Supreme Court and a majority of the members of the Constitutional Court, thus creating a perfect scenario for a conflict of interest. If the President is removed from office or is unable to carry out his duties, the prime minister assumes the office of President, and the deputy prime minister assumes the prime ministerial role. An election must be held within six months of a president's removal. There is no specific definition for when a president is unfit to hold office.
The President is responsible for appointing the Prime Minister to chair the Government. The President will periodically sit in on Government meetings, although it is not required. The President meets weekly with the Prime Minister, however. The President holds the power to dismiss the Government in its entirety, or specific ministers within the government. The President is also responsible for submitting a name to parliament to chair the Central Bank of Toloria and may propose the dismissal of the chair. In addition, the President appoints Supreme Court justices and five of the nine Constitutional Court justices, including the chief justice of the Constitutional Court, with legislative approval, however, the President reserves the right to override a "no" vote from the legislature a set amount of times during each legislative session.
Informal powers
The President has multiple parts of the executive branch that falls under his control. The President is the head of the Security Council, which is the council that governs foreign and domestic policy concerning threats. Other presidential support services include the Official Control Directorate (in charge of investigating official corruption), the Administrative Affairs Division, the Presidential Press Service, and the Protocol Directorate. The Administrative Affairs Directorate controls sanatoriums, automobiles, office buildings, and other perquisites of high office for the executive, legislative, and judicial branches of government, a function that includes management of more than 175 state industries with about 45,000 employees.
The president also controls military policy. The President is the ex officio Commander-in-Chief of Tolorian Armed Forces. The president approves defense doctrine, appoints and removes the high command of the armed forces, and rewards higher military ranks and honors. The president is empowered to declare national or regional states of martial law, as well as state of emergency. In each case, the People's Assembly must be notified right away. The People's Assembly also has the power to dissolve each of these states. The circumstances and procedures for the president to declare a state of emergency are more specifically outlined in federal law than in the constitution.
Presidential Elections
The Constitution sets forth the guidelines for presidential elections. Elections are to be run in a two-round system, with the top two vote-getters in the first round competing in a runoff election for the nomination. This ensures that at least half of the electorate supports the winning candidate. The President serves 5 years before their term is up. Upon the original writing of the Constitution, presidential term limits were no more than 2 consecutive terms for an incumbent. However, when Gwaza took office, he pushed an amendment through Parliament, with the support of his majority party, that abolished term limits for presidential office. Since, Gwaza has served six terms in office. A candidate for President of Toloria must be 35 years of age, a domestic born citizen, and a resident of the country for 15 years prior to being a candidate. If a president becomes unable to continue in office because of health problems, resignation, impeachment, or death, a presidential election is to be held no more than six months later.
The Law on Presidential Elections, ratified in September 1990, establishes the legal basis for presidential elections. Under the law, parties, blocs, and voters' groups register with the Central Electoral Commission of Toloria (CEC) and designate their candidates. In addition, the law required that at least 35 percent of eligible voters participate in order for a presidential election to be valid. In cases where that minimum is not reached, the president remains in office for another year, in which another election is held. If there is a winner in that election, the candidate only holds office for the remaining 4 years, instead of 5. To make voter participation more appealing, the law required one voting precinct for approximately every 4,000 voters, with voting allowed until late at night. The conditions for absentee voting were eased, and portable ballot boxes were to be made available on demand.
Dumisile Gwaza has dominated presidential elections since his assumption of office in 1980. He has coasted to victory in each of his second rounds, with his lowest voting percentage being 67 percent. Gwaza was almost ousted in 2000, however, in which he earned the second most voting percentage points, beating the next highest candidate by half a percentage point. In the next round, Gwaza stepped up his campaigning and made necessary personnel changes. These actions led to Gwaza gaining an historic 83 percent of the votes in the second round. Gwaza's approval rating has averaged at around 59 percent over his six terms in office.
Legislative Branch
Judicial Branch
Tolorian law provides for a separate judicial branch with an independent judiciary which does not answer to or is directly controlled by the other two branches of government. However, observers have questioned if the institution truly operates independent of the executive branch. The Tolorian judiciary operates on a mixture of civil law and common law.
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The Judiciary of Toloria is defined under the constitution with a hierarchical structure, with the Supreme Court and Constitutional Court at the apex. The district courts are the primary criminal trial courts and the provincial courts are the appellate court. The Judiciary is governed by the Council of Judges, and is managed by Judicial Department of the Supreme Court, Judicial Qualification Board, the Ministry of Justice, and the various courts' chairpersons.
Judges are government employees but are granted special statutory protection from the executive. Judges have security of tenure and may not be promoted (or demoted) without their consent. The only exception is a vote of removal by the Council of Judges. All judges' careers are overseen by the Judicial Qualification Board.
Trial by jury is a right afforded to all Tolorian citizens under the Constitution. A trial is made up of 11 jurors (vs. 13 on appeal) who, together, render verdicts. Jurors are selected at random from eligible voters. If a conviction is handed down, the judge determines the sentencing.
In the district courts, judges are voted in by their constituents. In provincial courts and Supreme Court, judges are appointed by the Government, and approved by the President.
Pre-trial proceedings are inquisitorial by nature, but open court proceedings are adversarial. The burden of proof in criminal proceedings is on the prosecution, and the accused is constitutionally presumed innocent until proven guilty.
The People's Assembly passed a Criminal Procedure Code and other judicial reforms during its 1999 session. These reforms are seen by most as an accomplishment in human rights. The reforms have reintroduced jury trials in all criminal cases and created a more adversarial system of criminal trials that protect the rights of defendants more adequately. In 2000, the introduction of the new code led to significant reductions in time spent in detention for new detainees, and the number of suspects placed in pretrial detention declined by 20%. Another significant advance in the new Code is the transfer of power to the courts of the authority to issue search and arrest warrants.
Constitutional Court
Courts of administrative law adjudicate on claims and suits against government offices and agencies. The administrative stream is made up of administrative courts, courts of administrative appeal, and the Constitutional Court as the court of last resort. The Constitutional Court hears cases against executive branch decisions and has the power to quash or set aside executive-issued statutory instruments such as decrees and regulations when they violate constitutional law, enacted legislation, or codified law. Court proceedings mostly involve written hearings and are inquisitorial, with judges having the parties submit written testimony or arguments. The court also is authorized to rule on violations of constitutional rights, to examine appeals from various bodies, and to participate in impeachment proceedings against the president.
The Constitutional Court was established in 1983, under the directive of President Dumisile Gwaza. The Constitutional Court is comprised of members from both the executive and legislative branch. There are nine total justices, with four being chosen by the People's Assembly and five being handpicked directly by the President, including the Chief Justice. The Constitutional Court is the highest administrative court in the country, with their decisions being final.
Local and Regional Governments
Traditionally, decision-making in Toloria is highly centralized, with each of Toloria's departments headed by a prefect appointed by the central government, in addition to the a locally elected council. However, in 2016, the national government passed legislation to decentralize authority by giving a wide range of administrative and fiscal powers to local elected officials. In October 2018, a constitutional revision has changed very significantly the legal framework towards a more decentralized system and has increased the powers of local governments. However, Toloria is still one of the most centralized major countries in the world.
The constitutional amendments were signed by President Gwaza. The treaty consisted of three separate documents, each pertaining to one type of regional jurisdiction. It outlined powers reserved for the central government, shared powers, and residual powers to be exercised primarily by the subunits. It presents a daunting list of powers reserved to the center. Powers shared jointly between the federal and local authorities are less numerous. Regional jurisdictions are only given powers not specifically reserved to the federal government or exercised jointly. Those powers include managing municipal property, establishing and executing regional budgets, establishing and collecting regional taxes, and maintaining law and order. Meanwhile, bilateral power-sharing treaties between the central government and the subunits have become an important means of clarifying the boundaries of shared powers.
Provincial governments are led by governors and Communal Assemblies. These are the bodies that execute municipal responsibilities. County governments are governed by mayors. All of these positions are elected by the terms of each respective provincial constitution.