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  1. In Memory of LAJ_FETT: Please share your remembrances and condolences HERE

Lit What exactly were the powers of the Imperial Senate?

Discussion in 'Literature' started by Ghost, Aug 25, 2018.

  1. crazyewok

    crazyewok Jedi Knight star 3

    Registered:
    Oct 27, 2017
    Probably exactly the same as the north Korean parliment..........to sit there and agree with everything dear leader says.
     
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  2. Charlemagne19

    Charlemagne19 Chosen One star 8

    Registered:
    Jul 30, 2000
    But yes, basically I think Palpatine used the Senate to keep things running while he did his projects behind the scenes. It was a convenience.
     
  3. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    What's your basis for the claim that Pestage didn't have a legitimate claim to the regency? Or that the Imperial advisors that followed, didn't? Besides which -- the Galactic Empire isn't a medieval monarchy, it's a civil government -- the government organs were on Coruscant and continued to function.

    I could entertain an argument that once the New Republic captured the Imperial bureaucracy intact and assumed control of the galactic civil government, that there's no meaningful distinction between the Advisor-run Empire and the warlords -- but Pestage as the sticking point? Nah.

    As for the rest, don't confuse geographic scale to power. The Empire had a Zsinj-hunting taskforce as did the New Republic. They were both more powerful than him, but didn't have the strength to focus all their efforts on him while still fending off the other. By the time of Thrawn though, the Empire is left with a quarter of the galaxy.

    OK, so shifting to canon here -- I'm talking about how in Inferno Squad, Papa Versio describes the secret imprisonment and processing of the Imperial Senators to determine who is a traitor and who is not. The suspension/disbandment of the Senate is public, but their true treatment is private.

    Anyway, Nick, the most important piece of argument for my thesis that the Imperial Senate had real power and was a real danger to the Empire can be presented in the form of a question....

    Was Mon Mothma delusional/an idiot? :)

     
    Last edited: Aug 28, 2018
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  4. Charlemagne19

    Charlemagne19 Chosen One star 8

    Registered:
    Jul 30, 2000
    Pestage is not Palpatine's Vice-Emperor but merely one of his advisors and court of advisors. Palpatine's position as Emperor depends entirely on his appointment as dictator for life from the Galactic Senate, which has been "temporarilly" dissolved. Legally, they have to convene the Senate again to appoint a New Emperor.
     
  5. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    What do you suppose a regent is?
     
  6. DarthPhilosopher

    DarthPhilosopher Chosen One star 6

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    Jan 23, 2011
    Tarkin says that the Senate has been dissolved permanently, which suggests that the action is legally dubious since the Senate appears to have a de jure central position in the apparatus of state.
     
  7. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    Please explain. How do you know this is not a power that the Imperial throne possesses?
     
    Last edited: Aug 28, 2018
  8. DarthPhilosopher

    DarthPhilosopher Chosen One star 6

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    Jan 23, 2011
    Well I don't have the Impeiral Constitution, but I suspect that the Senate can't just be legally dissolved permanently.
     
  9. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    Why not? You're just guessing?

    Was it "legally dubious" when Tiberius dissolved the concilium plebis and the comitia tributa? Or might sweeping statements like the legality of X or Y actually depend on the laws of said state?

    There's no basis to say that just because Z government organ is central that it cannot be legally dissolved.
     
    Last edited: Aug 28, 2018
  10. DarthPhilosopher

    DarthPhilosopher Chosen One star 6

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    Jan 23, 2011
    Yes I know there is no actual basis for the assertion, but with no Constitution, or judicial common law, you don't have any evidence either. I doubt the Senate would have approved a constitution that so blatantly imperilled them, or else Palpatine wouldn't have kept them around but so long.

    People disagree with the constitutionality of things in RL, nevermind without any actual extensive legal framework.
     
    Last edited: Aug 28, 2018
  11. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    It's not about what evidence I have for anything -- you stated something as axiomatic that is not. It doesn't matter whether or not it's legal, you just said that it was legally dubious merely by virtue of the Senate being de jure central to the government apparatus. I suggested a counterexample to disprove this axiom.

    Further --- it's hard to have a discussion when it's mostly based on your personal guesses or assumptions. You assumed that dissolving the Senate was illegal -- and now you're assuming the Senate would not have approved such a measure.

    How can there be any sort of discussion on that basis?

    I don't follow. I'm not asking you to agree with me on anything.
     
    Last edited: Aug 28, 2018
  12. DarthPhilosopher

    DarthPhilosopher Chosen One star 6

    Registered:
    Jan 23, 2011
    Couldn't that be said about most discussion about the legal framework of the Empire or the New Republic? I mean, I've heard the New Republic isn't the legal continuation of the Old Republic, despite there being evidence for that in the new canon. Most of our opinions on these matters are based upon our assumptions - I simply put forward an interpretation of the Senate, unless the Emperors powers are so extensive it can be dissolved permanently simply by the executive, not subject to such arbitrary use of executive power. By central organ of state, and perhaps that's a cluncky phrase, I mean an organ of state that has itself and its powers enumerated in the Constitution, and unless stated otherwise, couldn't be destroyed by the executive.
     
  13. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    Sure -- either way we're making assumptions about a fictional universe. But the difference in one instance is that our discussions might be grounded in actual theory (for example, international customary and treaty law on the succession of states) and the other based on an unfounded guess. That's why I asked for an explanation for your statement at the beginning -- if you had a basis for what you were saying.

    Because again -- the enumeration of powers (which is an assumption -- we don't know anything about powers, and constitutions based on enumerated powers are only one of many ways to construct a polity) does not presuppose indissolubility (the "unless stated otherwise" part is another assumption). And who said it was arbitrary, in any event? In Legends, the Rebellion was the basis for the Senate's dissolution -- Inferno Squad suggests something similar. It may have been pretextual -- which could answer your question of why Palpatine waited.

    The other reason there's a difference is that one is extrapolating and theorizing based on known general principles vs. assuming the existence of legal provisions -- big picture vs getting into the specific weeds of something we don't know.

    To put it another way, one might assume the existence of a judicial power in the Old Republic. We heard a reference to the courts in TPM. But we couldn't possibly speculate into the nature of these courts -- is it an independent judiciary? Does it have the power of judicial review? Does it focus on justiciable issues exclusively or does it have advisory power? Is it a civil or common law type of court? Is it part of a judiciary or is a constituent organ of the Senate? Etc. We know that courts exist and that's about the extent of it, so anything going into the details of it (say, for example, an assertion that the chancellor would be immune to prosecution in the court) would be an assumption that's unwarranted, because it's not necessarily true. It might be. It might not be. But it's not a general principle we can suggest would likely be true.
     
    Last edited: Aug 28, 2018
  14. Contessa

    Contessa Jedi Master star 3

    Registered:
    Nov 28, 2013
    [​IMG]

    It's cute you think that's a reference everybody's just going to get right away, Latin and all. lol
     
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  15. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    Well, I only mentioned them as a counterexample. The specifics of what they actually are isn't relevant.

    I assumed nobody wants a wall of text from me about the intricacies of Roman elections and popular assemblies :p
     
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  16. Darth Invictus

    Darth Invictus Jedi Grand Master star 5

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    Aug 8, 2016
  17. Charlemagne19

    Charlemagne19 Chosen One star 8

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    Jul 30, 2000
    In Legends, Ars Dangor's proclamation is that the Senate is dissolved only for the duration of the military emergency.
     
  18. DarthPhilosopher

    DarthPhilosopher Chosen One star 6

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    Jan 23, 2011
    Ultimately assumptions about the legal framework and makeup of these states are only prima facie, but even the most obvious assumption is only as valid as something which makes a few curious inferences. 'Grounded theory' is only viable so far as we have the legal framework. For instance treaty law on the succession of states can't really inform anything unless we have a legal framework - any assumptions are based upon such thin evidence they may as well just be a unfounded guess. The New Republic appears to consider itself the continuation of the Old Republic from some point before the declaration of the Empire since the appear to reactivate the Galactic State at a point where the Chancellor has emergency powers (which the Chancellor then relinquishes). Is this legally baseless and just for show, or is there a legal basis for this? Was the Empire totally illegal, or only illegal after a certain point and the Chancellor is essentially the temporary Emperor before the election of a new one? This doesn't seem to jive with Mon Mothma resigning from the Senate - unless her 'resignation' was only from the illegal Senate and she retained her Senatorship of 'legitimate' Senate (which is why she's still called Senator). Following the extinction of the Empire does the New Republic have a legal continuation from the previous legal personality (much like the complicated legal continuation of Germany, Turkey and Russia with their historical states) or is it a completely new state and is only a successor state. Any assumptions we make about this are based upon such thin evidence they all may as well be unfounded guesses in my opinion.
     
  19. Dr. Steve Brule

    Dr. Steve Brule Jedi Grand Master star 4

    Registered:
    Sep 7, 2012
    There are ways to interpret Tarkin's statement that "the Emperor has dissolved the council permanently." No doubt that was the intended effect and would be seen as such by pretty much everyone (save for the talking heads on the Fake HoloNet News Media) but it doesn't necessarily mean that the official statement dissolving the Senate used those words or explicitly stated it was permanent (WEG even went this route).

    One thing I like about the post-ROTJ era that the new canon handled over the old canon was that the Senate pretty much gets brought back immediately, and it's essentially recognized by everyone (even the Imperials in Aftermath) as being the Senate, with continuity to the Senate of the Old Republic and Empire. I think that approach highlights the historical importance of the Senate and at least its cultural authority even under the Empire.

    What was that cancelled Bantam novel that the author posted here a few years ago? Heart of the Jedi? I thought it was interesting that he took pretty much the same course in it.
     
  20. GrandAdmiralJello

    GrandAdmiralJello Comms Admin ❉ Moderator Communitatis Litterarumque star 10 Staff Member Administrator

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    Nov 28, 2000
    Brule— it’s very interesting, and goes hand in hand with the brief tenure of the Empire, too.

    It also reminds us that the Republic was itself made up of member states, so if the worlds send representatives than who’s to say that’s not the Senate? We know it’s not the same body but it doesn’t seem to matter. It’s the idea of the Senate itself that seems to have potency.

    I’d be curious how many NR senators were ex-Imperial senators like Mothma and Organa, and how many were new.

    Philosopher — you’d need to consider the ideological and political value of denying the Empire legitimacy, of course. It’s an interesting contrast to Legends, where the Rebels admitted to being an unlawful insurgency against the legitimate government. Here, Mothma declares herself chancellor — and it’s an irony she’s opposing the ruler who was actually elected.

    In the EU, the Empire didn’t really have a succession plan that we know of. Certain people might’ve supported her claim, certain others might not have. We know Pestage hid the family records of Palpatine — that seems significant but it’s not enough.

    Were Ederlathh to be crowned in the deal with the NR, it would presumably be that treaty which gave her the right to sit the throne rather than any such blood claim to the throne itself.

    It’s significant that the NR Provisional Council would have done the actual governing under that arrangement. And if the Senate were reconstituted, it could be argued that they were in fact the ones who granted legitimacy to their constitutional figurehead empress.
     
    Last edited: Aug 29, 2018
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  21. Darth Invictus

    Darth Invictus Jedi Grand Master star 5

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    Aug 8, 2016
    IIRC the empire did have a succession plan but palpatine derived amusement from making it complex and unclear as possible.

    He also never planned on dying so that impacted the empire's succession policy.
     
  22. Dr. Steve Brule

    Dr. Steve Brule Jedi Grand Master star 4

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    Sep 7, 2012
    If you take the long view of the old EU, it seems like the Senate never really recovered its status as a result of being dissolved in ANH (if not defanged under the Empire). We have an Alliance to Restore the Republic which does in fact restore the Republic, only to then take years to restore the Senate supposedly at the heart of the Old Republic. The Senate itself is completely absent during the most formative years of the New Republic (capture of Coruscant, Thrawn, Dark Empire). It gets a reputation of being completely riddled with venality, corruption, and dishonesty; in either Planet of Twilight or New Rebellion (I forget) there is even a majority of pro-Imperial senators within it. And then it bungles the Vong invasion, basically gets completely sidelined for the next few decades thanks to various coups and soft-coups, and by the Legacy era is totally absent.
     
  23. Ulicus

    Ulicus Lapsed Moderator star 7 VIP - Former Mod/RSA

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    Jul 24, 2005
    [​IMG]
     
  24. AdmiralNick22

    AdmiralNick22 Retired Fleet Admiral star 6 VIP - Former Mod/RSA

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    May 28, 2003
    Yeah, the fact that the Senate is restored immediately and folks refer to it as the "Galactic Senate" shows how much that body is really part of the fabric of galactic civilization. As you say, it's almost irrelevant if the Senate under the New Republic is a direct successor or not. The fact remains that the worlds that constituted the New Republic chose to elect senators and send them to Chandrila.

    As much as I'd love to see someone tackle the question of the Imperial constitution and what rights/powers the Senate had under Palpatine, I don't think we'll ever get that. Suffice to say, Palpatine probably deftly reworked the role of the Senate and little by little chipped away at it's authority. Instead of being a sudden change, he'd probably work with allies in the Senate to undermine the institutions actual powers.

    Besides, for all we know, the "emergency powers" grant Palpatine the authority to do anything in a crisis. Palpatine then ensured that the galaxy was always in a state of "crisis".

    --Adm. Nick
     
  25. Dr. Steve Brule

    Dr. Steve Brule Jedi Grand Master star 4

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    Sep 7, 2012
    I don't think Palpatine wanted the galaxy to always be in a state of crisis. One of the things that we've been told about him from the ANH novelization on was that his claim to power rested at least partly on the fact that he had restored the peace and stability to the galaxy that the corrupt Republic was unable to. His entire reign as Emperor begins with the resolution of the most severe crisis to face the Republic in a thousand years and the end of the first galactic war in that period.
     
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