[EM] Separation of Powers taken to the extreme

[raphfrk at netscape.net]

 I wonder how far this could be taken. The US probably goes further than 
 any other country. Splitting the law makers (legislative) from the law
 appliers (courts) happens in most countries. 
 
 The legislative branch under those systems have multiple powers:
 - selects the Prime Minister (controls the executive)
 - control of tax code
 - controls the spending of taxes 
 - law making power
 - law repealing power
 
 The court system's power can be split into at least 2 distinct functions
 - determines questions of law
 - determines questions of fact
 
 Normally, a defendant gets 1 jury trial that determines the facts. After 
 that all appeals are generally questions of law (unless the higher court
 says that due to legal errors, the defendant has to have another jury trial.)
 
 Finally, these systems have a final judge type person. This could be a 
 monarch, a governor or a President. This person is responsible for making 
 sure the other branches are not abusing the system. Generally, this 
 person have very little actual power. The powers granted would include
 things like signing into effect of laws. Also, they may have the power
 to order new elections be called.
 
 So, the Extreme Republic would be something like
 
 Head of State
 - signing laws into effect
 - appointing all the other posts 
 - doesn't get to choose who to appoint, that would be decided
 by some other procedure
 (must perform appointment unless there has been a violation
 of procedure)
 
 Executive
 
 Chief Executive
 - this may even be split more
 - would have powers similar to US President
 
 Minister for Defense
 - head of military
 
 Tax Collector
 - responsible for applying tax code
 
 Attorney General (*2)
 - responsible for prosecuting those who violate the law
 - there is 2 so it is less likely that "friends" won't be prosecuted
 
 Legislative
 
 Creating Houses/Council
 Responsible for creating laws (majority in any Houses)
 
 Repealing Houses/Council
 Can repeal laws (maybe less than majority required)
 
 Spending Houses/Council
 Responsible for allocating funds between projects
 
 Tax setting Houses/Council
 Responsible for setting the tax code
 
 Courts
 
 Supreme Court of Fact
 - final court of appeal on questions of fact
 
 Supreme Court of Law
 - final court of appeal on questions of law
 
 This would mean that a person would be first tried in a court of 
 fact to determine what happened. This report would then be 
 sent to a different judge to determine what the legal consequences
 would be, e.g. sentences would be questions of law.
 
 This is probably to much divisions.
 
 I think that splitting the legislative into at least 2 would be a 
 good idea. There seems little reason that tax collection/apportionment
 should be handled by the same body that determined what the law is.
 
 The tax house would be a larger draw for those seeking power than
 the legal house, so maybe, it would have the added benefit that those
 in the law making house would be people more interested in quality
 laws.
 
    Raphfrk
 --------------------
 Interesting site
 "what if anyone could modify the laws"
 
 www.wikocracy.com  
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