Law of the Oan Isles: Difference between revisions
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The '''law of [[the Oan Isles]]''' encompasses the Home Islands and the [[Kohatu Isles]]. However, the law of the Kohatu Isles is not always applicable in the Home Islands. The primary sources of law are The Constitution, statute, Royal Decree, delegated legislation, case law and traditional custom. The judiciary consists of the Supreme Court, High Court, Magistrate Courts, Traditional Courts and Military Courts. The Commission for Judicial Appointments oversees the selection of judges. Litigation happens per the adversarial system. Numerous rights such as protection from double jeopardy and from self-incrimination, ensure people have a fair and balanced trial. The Auroran law is binding on the Oan Isles.
== Sources of law ==
The Constitution of the Oan Isles is the highest law in the land. All other laws are required to abide by the Constitution. The Constitution gives the National Assembly and the Emperor of Polynesia the power to pass statutory or primary legislation. The National Assembly and Emperor can delegate the power to male laws to other government bodies such as by-laws in the case of local government and regulations in the case of executive bodies. The Crown itself wields royal prerogatives which is exercises in the form of royal decrees. Because the Crown is required to abide by the advice of the Council of Ministers, the executive branch also has the power to issue royal decrees with respect to powers enumerated as royal prerogatives. Judges in turn interpret and apply the law. The decisions that arise from these cases become part of Oan jurisprudence via case law. Traditional customs of the Oan people which have been observed for century wield the force of law insofar as they do not conflict with other laws and are enforceable by the state. Nevertheless, disputes over what constitutes custom are resolved by case law (unless written into law via royal Decree or statute).
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There are many others but these few forms the basis of the legal system.
==International Influence==
The Oan Isles is a member of the [[United Nations of the Auroran Continent]], thus it is subject to the jurisdiction of the Auroran Court of Justice. This court has the power to determine whether the Oan Isles has violated the rights of another nation or whether the rights of the Oan Isles have been violated by another nation. The decisions of the ACJ are binding on all courts of the Oan Isles. The Auroran Court of Human Rights has the power to interpret human rights legislation at a continental level. Thus, Oan courts are obligated to enforce decisions made by the ACHR.
The statutes of the UNAC Parliament are binding on the Oan Isles insofar as that statute is passed in areas over which the Oan Isles has ceded legislative authority to the UNAC. Special provisions in the Oan Isles' membership give it more latitude than mainland nations because of its unique geographical position and economic and social considerations. Thus, not all law that applies on mainland Aurora is automatically applicable to the Oan Isles. Similar provisions apply to insular members of the UNAC such as Dragonia.
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