Supreme Court of the Oan Isles: Difference between revisions
→List of present justices
(Created page with "The '''Supreme Court of the Oan Isles''' (Oan: ''Kooti Hupirimu o Nga Motuere Oa'') is the highest court in the judiciary of The Oan Isles. It...") Tags: Mobile edit Mobile web edit |
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* Justice Xavier Putea
* Justice Ngahere Atake
==Powers==
===Judicial review===
The Supreme Court had the power to review laws that have already been passed by the National Assembly and granted royal assent by the Emperor for their conformity to the spirit and letter of the Constitution. The Supreme Court does not select a law after it has been passed and read through it to determine its constitutionality. Instead the law is held to be constitutional until a case comes before the Supreme Court via appeals procedure that proves that the law applicable to the facts of the case in question violates the constitution. The Supreme Court can discard the entire law or a part of it. The threshold for striking down an entire law is obviously much higher than for a part of it. The Supreme Court must apply various principles of constitutional theory and compellingly argue for the striking down of the law in question. The decisions of the Supreme Court on laws cannot be reversed. The government is expected to stop enforcing the law in line with some deadline given by the judiciary.
===Final court of appeal===
The power of judicial review stems from the power of to receive appeals. This means that when a case has gone through the High Courts, the Supreme Court of the Oan Isles can look at the case and determine whether the High Court and other courts through which the case has gone made a procedurally fair decision in considering the facts and circumstances of the case when arriving at their verdict. The Supreme Court does not try the case from scratch. It reviews applications and oral arguments from lawyers to determine whether the law was faithfully applied.
===Miscellaneous powers===
Through various acts of the National Assembly, the Supreme Court has accumulated various miscellaneous powers. For instance, the government can request a warrant to carry widespread actions against private citizens or juristic persons for the sake of public order. This warrant is rarely sought but is usually granted as there is only one person presenting the case, the government of the Oan Isles. The Chief Justice also swears in various public officials including the Prime Minister and Speaker of the Council of the People to their offices.
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