1. “La isla del cielo” is an island characterized by unique political and legal systems. One can say that the political system of the island unifies principles from various political systems. First, the rule of the island can be considered as democratic, involving both election of the temporary ruler through the majority vote and, at the same time, a direct democracy, as people of the island make decisions together on some criminal cases. On the other hand, the political system of the island has characteristics that are at odds with the democratic rule. For example, there are no parties to elect a legislature, and the only elections on the island, are presidential. Besides, three branches of government: executive, legislative, and judiciary, - are not properly separated. Quite the opposite, the President basically represents all three branches during his transient rule. In this sense, his rule is closer to an elective monarchy, because the president in this state is the only central authority and makes important decisions on the behalf of the population. His commands and decisions cannot be discussed in the court, because he is a court himself. His rule appears to be unlimited, but this is deceptive impression. Unlike a monarch, whose status is hereditary and who rules during all his life, the authority of the President of “La isla del cielo” is an achieved status and lasts only five years. After his presidency term finishes, he becomes an ordinary citizen and subject to law. If during the term he represents the law in most cases and is a supreme ruler, after it ends, he can be held accountable for his actions. This blend of monarchy and democracy is further complicated by the existence of an advisory body – the council of elders that can be seen as an institution, somehow limiting and checking the head of state’s governing practices. This conclusion can be made if we take account of the fact that the council is the organ that reviews ex-presidents’ actions and decisions made during their rule. Also, it is the institution that interprets an unwritten repertoire of norms – the customary law. Regarding these functions, the council of elders is a blend of the medieval advisory body and the primitive Supreme Court that checks the actions of former presidents and holds them accountable for their decisions during the presidency.
Notably, not only the political system is a blend of different types. The legal system of the island also shows hallmarks of the distinct styles. For instance, we see characteristics of common law, civil law and customary law. It is hard to define who or what is a source of law on the island. In some occasions, the rules are unwritten, as laws defining the election and governance. The interpretation of these norms is one of the functions of the council of elders, but their source is different: traditions and long usage of certain customs. In the case of civil code, it is a written collection of laws. However, the key difference of the legal code of the island is that it only defines crimes, that is, what is reckoned wrong, but it does not identify punitive measures for criminals. Punishment and its severity are defined by two sources: in the case of death penalty, population participates into decision-making process and gives its verdict; in all the other cases, the decision on penalty is a prerogative of a current ruler. The President and officials that act in his name are the people who interpret the legal code and decide on severity of penalty for wrongdoers. In this manner, this part of the legal system can be compared to tazir category in Islamic jurisprudence, as the punishment is defined by the ruler holding utmost discretionary power.
2. Such a strange legal system complicates the decision-making process in the given case. The President’s decision not only affects the lives of the island’s citizens in the present, it also influences future decisions by other rulers, as it sets an example for coming generations, serving as a precedent for similar cases yet to come. As the President has unlimited power for the limited time and his actions can be judged after his presidency ends, this decision will have an impact on his own fate as well. This is why the justification for the chosen course of action should be understandable and unbeatable. Also, the decision should take into consideration interests of all the citizens. Having discussed all the options and taken into account existing legal system and circumstances, the President decides that all the prisoners that were sentenced to death should be executed before the islanders leave “La isla del cielo”.
This decision can be justified in several ways. First, the decision concerning these particular prisoners was already made by citizens of the island, as the death penalty can only sentenced when the majority of the citizens vote in support of it in a certain case. Therefore, their fates have already been decided by the majority. Delay of execution may be interpreted as an interference into fulfilment of the public will by the President. To leave the prisoners on the island to rot in the cages or set them free would mean the same – the delay of justice, as they would die anyway. The decision to take them to “La isla de la esperanza” also is not justified for several reasons. First, as we know, the public decision cannot be appealed of changed, thus, the death of prisoners is imminent. It does not matter, will it happen on the new island or on “La isla del cielo”. From a pragmatic standpoint, taking prisoners to the new island is unjustified. As we know, the new island is located far from “La isla del cielo”; therefore, a ship should be victualled. More people imply more supplies and more space. So, the decision to take prisoners to the newly discovered island is economically irrational. In sum, execution of the prisoners already sentenced to death on “La isla del cielo” is justified upon two reasons: it will fulfil the will and decision of citizens and it is economically rational.
Work Cited:
“Tazir.” In The Oxford Dictionary of Islam. Oxford Islamic Studies Online. Web. 7 May 2016
