Auroran law: Difference between revisions

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The [[Auroran Court of Justice]] has the power to interpret and apply the laws and treaties of the UNAC. The Charter states that the Auroran Court of Justice can strike down acts which go against the Charter and treaties. Furthermore, it states that the ACJ must follow the principle of ''stare decisis''.

''Stare decisis'' means that the interpretation of the ACJ on the application of the law to a particular set of facts is binding on all cases with similar facts. Thus, the ''~~obiter~~ ~~dictum~~'' of a judgement delivered by the ACJ becomes part of Auroran jurisprudence. Case law cannot be amended. It can only be overturned and replaced either by being rendered ineffective by the passage of statute or a new treaty or through a future sitting of the ACJ deciding that a specific case law is no longer applicable. It must be noted that the ''~~obiter~~ ~~dictum~~'' must relate only the facts of the case.

''Stare decisis'' means that the interpretation of the ACJ on the application of the law to a particular set of facts is binding on all cases with similar facts. Thus, the ''ratio decidendi'' of a judgement delivered by the ACJ becomes part of Auroran jurisprudence. Case law cannot be amended. It can only be overturned and replaced either by being rendered ineffective by the passage of statute or a new treaty or through a future sitting of the ACJ deciding that a specific case law is no longer applicable. It must be noted that the ''ratio decidendi'' must relate only the facts of the case.

However the ACJ can give an opinion on matters outside of the case called a ''~~ratio~~ ~~decidendi~~''. The ''~~ratio~~ ~~decidendi~~'' is the part of the judgement that is not binding. It can have persuasive effect, but cannot take the place of case law or be treated as case law. The minority judgements of the ACJ are not binding and they are treated as a type of ''~~ratio~~ ~~decidendi~~''.

However the ACJ can give an opinion on matters outside of the case called a ''obiter dictum''. The ''obiter dictum'' is the part of the judgement that is not binding. It can have persuasive effect, but cannot take the place of case law or be treated as case law. The minority judgements of the ACJ are not binding and they are treated as a type of ''obiter dictum''.

==Convention==

Convention refers to longstanding practices and traditions that have legal implications. Convention is a ''sui generis'' concept in that it is not law ''per se'' but can be used as a valid defence.

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 The [[Auroran Court of Justice]] has the power to interpret and apply the laws and treaties of the UNAC. The Charter states that the Auroran Court of Justice can strike down acts which go against the Charter and treaties. Furthermore, it states that the ACJ must follow the principle of ''stare decisis''.
-''Stare decisis'' means that the interpretation of the ACJ on the application of the law to a particular set of facts is binding on all cases with similar facts. Thus, the ''obiter dictum'' of a judgement delivered by the ACJ becomes part of Auroran jurisprudence. Case law cannot be amended. It can only be overturned and replaced either by being rendered ineffective by the passage of statute or a new treaty or through a future sitting of the ACJ deciding that a specific case law is no longer applicable. It must be noted that the ''obiter dictum'' must relate only the facts of the case.
+''Stare decisis'' means that the interpretation of the ACJ on the application of the law to a particular set of facts is binding on all cases with similar facts. Thus, the ''ratio decidendi'' of a judgement delivered by the ACJ becomes part of Auroran jurisprudence. Case law cannot be amended. It can only be overturned and replaced either by being rendered ineffective by the passage of statute or a new treaty or through a future sitting of the ACJ deciding that a specific case law is no longer applicable. It must be noted that the ''ratio decidendi'' must relate only the facts of the case.
-However the ACJ can give an opinion on matters outside of the case called a ''ratio decidendi''. The ''ratio decidendi'' is the part of the judgement that is not binding. It can have persuasive effect, but cannot take the place of case law or be treated as case law. The minority judgements of the ACJ are not binding and they are treated as a type of ''ratio decidendi''.
+However the ACJ can give an opinion on matters outside of the case called a ''obiter dictum''. The ''obiter dictum'' is the part of the judgement that is not binding. It can have persuasive effect, but cannot take the place of case law or be treated as case law. The minority judgements of the ACJ are not binding and they are treated as a type of ''obiter dictum''.
 ==Convention==
 Convention refers to longstanding practices and traditions that have legal implications. Convention is a ''sui generis'' concept in that it is not law ''per se'' but can be used as a valid defence.

Auroran law: Difference between revisions

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