Auroran law: Difference between revisions
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Besides the ''Charter of the UNAC'', other treaties include the following:
* ''Charter of the [[Auroran Monetary Fund]]'' which establishes the AMF, sets out its powers and duties, provides the basis of its shareholding structure and governs its relationship with the UNAC.
==Statute==
The Auroran Parliament and the Council of the UNAC comprise the Legislature of the UNAC. The Auroran Parliament is elected once every four years by the citizens of UNAC member states by single-member constituencies. Only parties registered at the continental level can run in elections. Thus, most political parties in members states form part of a larger transnational political party such as the [[Auroran Socialist Democratic Party]]. In contrast, the Council of the UNAC is composed of Representatives from member states as appointed by their governments.
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* ''Drug Health and Safety Standards Act''
* ''Data Privacy Protection Standards Act''
===Emergency acts===▼
Emergency acts refer to acts that require the approval of all members of the Council of the UNAC. Emergency acts can be passed by the Council of the UNAC without the approval of the Auroran Parliament. Emergency acts have an in-built expiration date. They are used as temporary relief or response to an emergency such as a war or a natural disaster. They allow for the mobilization and redirection of funds that would otherwise require a formal budget and other appropriations legislation. Emergency acts can also suspend the implementation of ordinary laws to enable member states to redirect resources and political capital to responding to a crisis. This type of act arose directly as a response to the failure of the [[Auroran Continental Assembly]] to respond to the [[Auroran Pacific War]] of 2017 and it was also inspired by the Cyclone Mable disaster of 2018.▼
===Security acts===
Security acts are types of emergency acts which allow the Council of the UNAC respond to or prevent the escalation of military conflict such as a foreign invasion, war between member states or a war within a member state. Security acts require unanimous approval by member states. By passing a Security Act, the Council of the UNAC can do the following things:
* Impose a blockade or no fly-zone over a member state
* Impose a state of emergency that allows for the passage of Temporary Acts
* Suspend a member state.
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===Extraordinary acts===
Extraordinary acts can only be passed by the Council of the UNAC. They require a two-thirds majority of the member of the Council to pass. These are acts which affect the composition or function of other branches of the UNAC (without affecting their structure which would require a treaty). These acts can be used to:
* Dissolve the Auroran Parliament and trigger new elections.
* Dismissal of a member of the [[Auroran Court of Justice]]
* Expulsion of a member.
It is unclear why the Charter of the UNAC makes a distinction between an Extraordinary act and a security act when they have the same procedures and effect.
==Case law==
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.
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''.
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