Politics of the Oan Isles

The politics of The Oan Isles take place in the framework of a constitutional monarchy and unitary parliamentary democracy. The Constitution forms the founding document and supreme law. It places the Emperor as the head of state, head of government and commander-in-chief of the armed forces, but reduces his active part in government to a ceremonial figurehead. The government is divided into three branches (judicial, executive and legislative). The Prime Minister appoints the Council of Ministers that forms the executive branch and acts as the head of government. The 200-member National Assembly forms the legislative branch. The Oan legal system relies on a combination of statutory and case law and popular customs where the court system is divided into appellate and trial courts where trials are inquisitorial. The unique system emphasises obligations above rights establishing a unique system.

Emperor

Main article: Emperor of Polynesia

The incumbent Emperor, Oahoanu

The Constitution says that sovereignty of the nation and the authority of the government proceed from the Crown of Polynesia and is exercised by the Emperor of Polynesia on the advice of his ministers. While the Emperor is immune, the ministers are responsible. This means that (1) the Emperor is subject to the Constitution, and (2) the Emperor cannot exercise the power he is vested with except through the responsible minister. In reality, he has virtually no power by way of his position. He is, at most, a symbol of the nation (appearing on banknotes, stamps and public buildings) with only a few powers. He signs laws and treaties without the power to veto them. He calls for elections without the power to dissolve the legislature. He affirms the executive branch without the power to appoint or dismiss it. His only real role is to appoint and receive ambassadors, to confer honour, to create symbols of the states (such as flags), to protect the heritage of the nation (primarily by designating national monuments and holidays) and to exercise ceremonial duties that arise almost exclusively from tradition (such as presiding over festivals and carrying out rituals).

The Emperor ascends to the throne by male heir succession. Only male heirs of the present Emperor may succeed to the throne. They are not governed by capacity. Therefore children and invalids can sit on the throne (in which case the Regent reigns on their behalf). The throne can never be vacant. The Emperor automatically assumes his duties upon the death. An Emperor cannot abdicate (for in practice this can only be done by law and he has no power to write laws) nor be declared incapacitated, but where the Emperor does not wish to carry on nor is able to, a Regent is appointed who shall reign until the Emperor's death. The Emperor is immune from and above the law. His person is inviolate and he cannot be tried nor held accountable for any crime. Instead of making him a despot, he is bound to high standards of morality and honour. The Emperor is not bound by religion. Where the Emperor is unacceptable to the nation, he can be declared incapacitated and an acceptable Regent appointed in his stead, but this is purely theoretical and has never happened.

The incumbent Emperor is Oahoanu. He bears the title Ruler of the Sea, His Serene Majesty (Rangitanga ta i Moana, Kunui Rangamarietāutuna). He acceded to the throne in 2017, succeeding his father, Ehe. He is the head of the royal family, the House of Ahua, that has produced heirs for almost 800 years. He is in his early thirties and had a child out of wedlock and he is married to Her Highness, Aroha, a former journalist and social activist. As with all members of the royal family, he is a Poronēhian Abrahamist. Although his office affords him virtually no power, his experience in foreign affairs, personal celebrity and the enormous wealth of his family make him a powerful political figure. He rose to prominence during the Auroran-Pacific War and had a big hand in shaping the foreign policy and leading the war effort of the Oan Isles. In fact, the extent of his power and the heavy-handed way in which he is shielded from scrutiny has been criticized as making him more of a ruler than a ceremonial figurehead.

Executive branch

The executive branch is formed of the Council of Ministers. The Prime Minister is the de facto head of government. He is elected by the National Assembly with every election, which is usually four years long unless the National Assembly is dissolved before that, in which case he runs the government together with his Council of Ministers until a new National Assembly is sworn in, in which case the Council resigns en masse. He appoints other Ministers with the consent of a majority of the National Assembly. Each Minister is designated a portfolio whereby they are allocated a portion of the workload. They oversee a set of agencies and state entities and handle a particular area of policy.

The Council of Ministers is accountable to the National Assembly for the actions it takes and the decisions that it makes. Its members must answer questions and present periodic reports to the National Assembly, the most notable of which is the annual State of the Nation address whereby the Prime Minister summarises the previous year and outlines his plan for the next year. Ministers have the right to propose legislation to the National Assembly. Under the Minister of Finance, the Council of Ministers frames the annual budget. Generally, if the National Assembly refuses to pass the budget, the Council of Ministers will resign as this is often an indication of the lack of confidence that the National Assembly has in it. The Council of Ministers can be impeached (dismissed) by a vote of non-confidence in the National Assembly. Its members are protected from prosecution for actions arising from their work, but they can be tried for crimes committed out of or during office, in which case they resign or are suspended.

The portfolios of the National Council are as follows:

• The Department of Agriculture, Fishing and Forests is helmed by Minister Maria Kutoa. It is responsible for developing policy to promote, protect and regulate fisheries, forestry and agriculture. By extension of its collaboration with the Department of Health, it oversees food and drug safety.
• The Department of Health is helmed by Minister Awiha Roatua. It develops public health policy and directly oversees the national healthcare system. It develops the standards and regulation of healthcare professionals, builds and manages hospitals and regulates the private healthcare sector. Under collaboration with the Department of Education, it promotes medical research.
• The Department of Education is helmed by Minister Rawiri Wahatu. It develops education policy. It builds and manages public schools, regulates private schools and public universities. It regulates and sets standards for the teaching profession. It promotes scientific research and development, often through public-private partnerships such as the National Science Council.
• The Department of Foreign Affairs is helmed by Locklyn Le Roy. The department helps develop foreign policy and advises the government on foreign trade. It handles immigration and oversees the diplomatic services (a corps of staff deployed in embassies and consulates all over the world). It develops relationships with other nations and manages official visits to and from the Oan Isles.
• The Department of Finance is helmed by Minister Kia Uye. It is responsible for managing the government accounts. It prepares the annual budget. It lends and borrows funds and collects taxes on behalf of the government. It regulates the financial services sector and sets standards for accountants and auditors. It oversees the National Stock Market.
• The Department of Industry is helmed by Ikoru Nahua. It promotes the manufacturing, construction and mining sectors. Together with the Department of the Environment, it regulates these sectors to protect the environment. It handles labour issues in the country such as registering and overseeing trade unions and bargaining councils.
• The Department of Energy is helmed by Rakahu Hokara. It is responsible for managing the national power grid. It regulates the private energy and fuel sector and oversees the national electricity utility. It promotes access to fuel. Together with the Department of Education, it promotes alternative fuels. Together with the Department of Industry it regulates the extraction of petroleum in the Kōhatu Isles.
• The Department of the Home is helmed by Minister Ihame Honāro. It is responsible for overseeing the registration services by which deaths, births, adoptions, marriages, religions, divorces and immigrants are registered and recognised. It also handles social welfare services such as child and family intervention (with the Department of Education and Department of Justice), rehabilitation centers (in partnership with the Department of Health) and issues pensions and grants.
• The Department of Defence is helmed by Minister Wahuanu Uye. It is responsible for the political direction and daily administration of the Defence Forces. It develops defence and security policy.
• The Department of Justice is helmed by Ohana Kikohu. It is responsible for managing the judiciary and running the police (and Police Academy). It sets standards for and regulates the legal profession. It runs the prisons and enforces the instructions of the court. Together with the Office of the Prime Minister, it oversees the intelligence services.
• The Department of Public Infrastructure helmed by Hauri Tangi is responsible for managing state property, and it oversees the national rail, water, sanitation, roads, air transport, ports and public works authorities.
• The Department of the Environment is helmed by Wahiwo Yomiha is responsible for running the nature reserves, promoting greenification, protecting threatened species and enforcing and developing environmental regulations.
• The Department of Sports and Culture is helmed by Paraki Utange promotes protects monuments, runs museums, and manages public libraries.

The incumbent Prime Minister is Maui Uye-Ahua. He was elected by the National Assembly in 2017. He is not the leader of any party in the National Assembly, but is a member of the National Pacifist Party and serves as an advisor on one of its committees. He is enormously wealthy. He inherited a great deal of wealth from his parents who are from the most powerful families in the Oan Isles and through personal connections in industry and politics from a fairly early age. He is in his late 50s and is a close friend, but a distant relative of the incumbent Emperor. He became popular for his pragmatic economic policies and his consensus-building leadership style on sensitive issues such as abortion and gay rights. Although he is middle-of-the-road, offering nothing except excellent oratory, he was elected because he was seen as a unifying figure who was able to reconcile the divided ruling alliance.

The Prime Minister is the most powerful political office in the country. As the head of the executive branch, he directs how policy is developed and oversees important agencies such as the intelligence services. As the leader of our multi-party democracy, leading the ruling party through the annual elections as its face even if he is not it's leader, he influences the legislative agenda, the public opinion and overall position of that party, directing its course in the National Assembly. He can influence the appointment of important officials such as judges and heads of regulatory agencies. He has the power to appoint boards that run provinces, regions and districts with the consent of the National Assembly and advice of the Council of Ministers.

Politics and the legislative branch

The legislative branch is formed of the National Assembly. It has the power to make laws by majority vote or amend the Constitution by a ⅔ vote. It receives periodic reports from and holds regular question times with the Council of Ministers. It elects the Prime Minister and approves the rest of the members who form the Council of Ministers. It has the power to ratify treaties and declare war (this is unique as the head of state usually wields this power). It has the power to influence the appointment of judicial officers and heads of regulatory bodies and state entities and companies such as the Central Bank and National Rail Company.

The creation of law is a very public process. Ministers and members of the National Assembly present their proposals to the Speaker of the National Assembly who gives the law to a standing committee to review or forms an ad-hoc commission. Public surveys are conducted and comments are looked at. The law goes back to the committee, refined and submitted for public debate then presented before a full sitting of the National Assembly where it is passed. Then it is presented to the judiciary for review. Although the system is thorough (with often robust laws passed as a result) and transparent, it can be very slow. It ultimately represents the highest role that the legislature has: to represent the people of the Oan Isles.

The National Assembly has 150 seats. It is elected every four years. An early dissolution can be called if a proposal is approved by over half the members. Elections are administered by an independent public agency under the Department of the Home which registers political parties. Political parties must divulge their sources of funding and lobbyists must register. It is elected through party-list proportional representation. Adult citizens elect political parties which have closed lists rather than individual candidates. If a member crosses the floor, their party still keeps that seat. The last election to be held was in 2017.

The ruling alliance is a colloquial term for the alliance of the Green and Pacifist Parties that has run the country for many years under the banner of the Poronēhian National Alliance. These parties advocate for tighter environmental regulations, promotion of the services sector, strong protections for workers, promotion of small and medium-sized businesses, but they are generally conservative about social issues, refusing to recognise gay marriage or permit abortion and promoting the Poronēhian Abrahamist religion and the indigenous culture. They generally contest elections separately, coming together in a coalition to discuss how they will share power and how they will support each other's legislative agenda. The President of the Pacifist Party is Yana Whenua and the President of the Green Party is Princess Aia Ahua.

Law enforcement and crime

The law of the Oan Isles is formed of statutory, case and customary law. The laws passed by the legislative branch, the interpretation of that law through the judiciary and the customs and practices of the persons in this nation form the system that governs the land. The highest law in the land is the Constitution. The Constitution frames the structure of the government. It vests the sovereignty of the nation and authority of the government in the Crown from which power proceeds but not by which that power is exercised. In practice, the country is a modern democracy. The two branches of the legal system that are recognised by scholars and the courts are public and private law. The private law recognises and frames the person while the public law frames the bodies that govern the person. The system does not acknowledge administrative law as a separate branch of the system.

The personal law of the country is unique among modern democracies in that it is founded upon the obligations of the individual to the community rather than the rights to which they are entitled. This implicitly confers such rights as are recognised by democracies elsewhere but significantly alters how actions or inaction where it is required are judged. It also significantly expands the scope of how human relations are dealt with by the law. This affects how the civil and criminal law is structured and adjudicated. Where the civil law is adjudicated on a balance of probabilities, the criminal law is adjudicated on the basis of beyond reasonable doubt. This sets apart the nature that cases arising from these are dealt with by the courts.

The nation follows an inquisitorial process whereby the complainant presents their complaint and the inquisitor investigates and cross-examines witnesses and summons the complainee to defend against what the inquisitor has found. The inquisitor metes out justice, correcting imbalances arising from the actions themselves first before the motivations behind them. In this sense, Oan law is concerned with the injuries (presumed or real) against the person or their patrimony first before considering the motivations behind this, thereby reducing mitigating factors arising from beliefs, mood, temperament and circumstances, reinforcing the duties that each person has to the whole.

The Crown of Polynesia is perceived as the font of justice. Therefore justice is carried out in the name of the Emperor, but due to the limitation of his personal responsibility and the promotion of his immunity, he does not have the power the power to exercise justice himself nor delegate others to do it. The power to appoint and constitute courts rests with the executive and legislative branch. The system of courts is divided into appeals and trial courts where each court has geographical boundaries in which its power is limited. The inquisitors of these courts, who also serve as judges, are civil servants, thereby being appointed on the basis of merit and protected from arbitrary suspension or dismissal and undue political influence. Trial by inquisition is guaranteed to all. The duty of the inquisition to serve the people protects them from abuse and guarantees equal treatment and access. The inquisition leans on the customs of the people and of the courts and the laws that proceed from the Emperor-in-Parliament to adjudicate cases and remedies imbalances by correction of imbalances. This emphasises forced labour and compensation (primarily in the case of civil law) as the primary mechanisms of justice.

The enforcement of the law is carried out by the police. The police are governed by the national government and constituted of the laws of the land. The police are charged with preventing, protecting people from and punishing crime and mischief. They are bound to do so tempered by mercy and amenable to reason. The police do not typically bear arms (except special divisions thereof). They focus on holistic law enforcement. They are rigorous, consistent and competent. The police must receive a Bachelor of Police degree, only offered by the National Police Academy, to enter. Approximately 100,000 police enforce the law along with reserve and support personnel. They have a close relationship with intelligence bodies, being able to quickly and accurately collect, process, analyse and apply data, dealing with crime quickly.

The crime rate in the Oan Isles is very low. This is due to social policies that promote peace and provide for the welfare of all. Furthermore, the police are very effective, often nipping problems at the bud. This has been achieved through an extensive system of registration and surveillance that has been criticized for being invasive. Mitigated by the relative independence of the police, the prevalent order in the country and the promotion of duty above right, this system has remained unaffected by these criticisms. Violent crime, in particular, is nonexistent. There is no civil strife.