Auroran Court of Justice

The Auroran Court of Justice or ACJ comprises the judicial branch of the United Nations of the Auroran Continent and the final court of appeal on matters of Auroran law. Auroran law refers the body of law concerning and arising from the collective interests of UNAC member states and it arises from treaties, legislation, executive decrees, judicial precedents and international customary law. It consists of judges appointed by member states of the UNAC who serve for life and wield immunity in the exercise of their duties to shield them from political influence. The court is created as an impartial and independent arbiter of disputes between member states, Protector of fundamental rights and justice and the arbiter on the letter and spirit of Auroran law. Its decisions are binding on all member states and its jurisdiction is bound by treaty or statute and extends only to those areas granted to it by the latter and former. The court is seated in Andel, Axdel

Powers and duties

The Auroran Court of Justice has various powers related to different elements of the judicial process as follows:

Final court of appeal

It is the last court which can hear appeals on cases arising from Auroran law. It means that a case heard by the ACJ cannot be retried by or appealed to any other court.

Judicial precedent

Any decision made by the ACJ in a case on the interpretation of how a law applies to a set of facts is binding on all courts. This means that all courts, even the highest courts of member states are required to follow the decision that the Auroran Court of Justice made and that decision can only be overturned when new laws are passed, treaties are ratified or a new bench of the ACJ itself overturns the old precedent. The decisions of the ACJ in turn form part of Auroran law.

Legislative review

The ACJ has the power to overturn any law which is passed by the Legislative branch of the UNAC if it does not conform to the treaties and Charter of the UNAC. Because treaties override all legislative instruments, the ACJ cannot overturn treaties. In theory, it has the power to overturn laws passed by member states which do not conform to the Charter of the UNAC. This is unlikely as it is unlikely that any legislation passed by a member state will lie within the scope of powers of the ACJ at all.

Dispute resolution

Where a dispute arises between member states of the UNAC, the parties can bring the dispute to the ACJ. The decision of the ACJ is binding on member states which subject themselves to this process. This process is voluntary but only to the point that the dispute in question does not arise from the violation of treaties and statutes of the UNAC.

Treaty enforcement

Where a member state has violated a treaty or statute of the UNAC, the Prosecutor-General of the UNAC can bring a case against that member state to the ACJ. The decision of the ACJ is binding on the violating country should it be found guilty of treaty violations. Decisions of the ACJ in this regard are enforceable to the point of obliging the UNAC to take military action or economic sanctions against the violating state.

Human rights protection

The ACJ has the power to issue warrants for the arrest of individuals charged with the crimes against sapient beings and sapient rights violations. It also has the power to act as a court of first instance in the case of war crimes, crimes against sapient beings and other related offences, meaning that if domestic courts fail to enforce justice, the ACJ is empowered to try offenders itself with the right to enforce punishment up to life imprisonment.

Political accountability

The ACJ has the power to hold political leaders of the UNAC accountable for violations of Auroran law. This means it can impeach and order the removal from office of UNAC office-holders who violate Auroran law. In most instances the Prosecutor-General must bring such cases to the ACJ. It may try political leaders for violations of laws which fall within the exclusive jurisdiction of the UNAC but if the law has shared responsibility then the ACJ may ask the courts of member states to tackle the issue instead.

Key officials

President

The President of the ACJ is the highest-ranking judicial officer of the UNAC. The president is responsible for Chairing the oral trials, allocating justices to cases, determining which cases land on the roster and when, ensuring that the justices are doing their jobs and are able to do their jobs and representing the ACJ to external bodies. The President also has various miscellaneous powers such as being able to request upgrades to the ACJ court building etc.

Justices

Justices are the central component of the ACJ. Each member state appoints one Justice. The justices serve for life and can only be removed from office due to physical or mental incapacitation, death, voluntary resignation and violation of their duties and responsibilities as justices. Every judge is addressed by the title the "Esteemed" or "Honorable" followed by their name. In court proceedings, the justices are referred to as "Your Honour" or "Your Worship". The name of each Justice is followed by the post nominal JACJ, however the President of the ACJ is followed by the post nominal PACJ. Judges receive a fixed salary that cannot be arbitrarily changed by the UNAC legislative or executive branches. They are also protected from prosecution for actions carried out in their duties as justices. Failing to comply with the instructions of justices during court proceedings or treating a justice with contempt or disrespect in court is a criminal Offence. Justices are required to be judges, lawyers or legal academics in their country of origin.

Court Sheriff

The Court Sheriff is responsible for a variety of functions such as receiving and processing cases being made to the Auroran Court of Justice. The Sheriff is responsible for ensuring that cases are valid, but only a pre-trial bench determines if they are admissible. The Sheriff is also in charge of security at the court building in Andel.

Prosecutor-General

The Prosecutor-General (PG) is responsible for bringing and arguing cases concerned with Auroran criminal law. This includes treaty violations and sapient rights violations among other related offences. Member states, the UNAC Commission or the UNAC Council can request that the Prosecutor-General bring a case before the ACJ. The PG is responsible for investigating the matter, compiling reports, presenting evidence, cross-examining witnesses and other duties related to criminal cases. The PG is independent and any willful obstruction of their work is a criminal offence.