United Nations of the Auroran Continent: Difference between revisions
United Nations of the Auroran Continent (view source)
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== Auroran Court of Justice ==
The Auroran Court of Justice (ACJ) is the highest judicial organ of the UNAC.
=== Composition and appointment ===
The Court is appointed as follows:
# The Court of Justice shall serve for 10 year terms.
# Each member nation shall have the right to appoint one judge.
# Each judge must have been a qualified legal representative or adviser according to the laws of the member nation that they have been elected by.
# All decisions shall be made a 66% vote of all judges.
# The judges shall be full-time employees of the UNAC.
# Their salaries shall be protected.
# They shall swear an Oath to assume office by which they swear to uphold, to defend and enforce the law without any partiality or fear.
Judges have the following privileges:
# They shall have the right to bear swords as symbols of their right to enforce the law.
# They shall be protected from subpoena or prosecution for work done in the exercise of their duties.
=== Powers and duties ===
The Court has the following powers and duties:
# The Court shall rely, in order of supremacy, the Charter of the UNAC, treaties where applicable, Acts and resolutions of the Council and Parliament using precedents.
# It shall have the right to infer on the legal opinions of other courts.
# It shall have the right to try employees of the UNAC for the derogation of the Acts, internal policies and procedures of the UNAC, but must refer cases where domestic national laws have been broken, to the jurisdiction in which the law was broken.
# It shall have the right to order the Council to initiate processes of impeachment/dismissal of Members of Parliament, Commissioners of the Auroran and Auroran Electoral Commission.
# It shall have the right to request that the Council to dismiss the Prosecutor.
# It shall have the right to arbitrate disputes between member states arising from the use of air space, extraction of resources, exchange of information, enforcement of copyright, maritime rights, the detention of and rights pertaining to citizens within the Acts and treaties of UNAC and other matters as are legally conferred upon the Court to arbitrate.
# It shall have the right to issue a legal opinion on any matter over which it does not have the right to judge or arbitrate.
# It shall have the right to try war crimes and crimes against humanity.
# It has the right to issue a warrant of arrest for convicted perpetrators of the law and who show contempt of the court and issue a summons for all whom immunity is not granted by the Acts and treaties of the Union.
# It shall have the right to order the investigation of the work of any body working for, with or within the UNAC and to order the Prosecutor to lay charges before it or to order the judicial authorities of member states to investigate these matters where the jurisdiction lies with the member states.
# It shall observe the subsidiarity of the law, by which the Charter must be interpreted and applied through the Acts unless the Acts can be proven to go against the Charter.
# It shall have the power to strike down Acts that go against the Charter.
# The Court shall have the power to interpret and apply the law.
# Its interpretation is binding on all courts of the UNAC including domestic courts where the Court of Justice has sole or senior jurisdiction of the matter concerned.
=== Procedures and litigation ===
The process for bringing and having a case tried are as follows:
# A complainant shall have the right to present a complaint to the Office of the Court Sheriff.
# The Court Sheriff shall be appointed by the Court of Justice at its discretion.
# The Court Sheriff shall determine if the complaint is admissible by the law and present it before the Court of Justice.
# The bench of the Court of Justice shall invite the complainant to submit a written report of their charge(s).
# The Court shall inform the complainee of the charges against them and invite them to make a submission of written material to the Court.
# The Court shall determine if there must be a written or oral trial and summon the complainant and complainee where there must be a oral trial.
# The litigants shall have the right to call witnesses and examine them.
# The litigants shall have the right to examine the witnesses called by the opposition.
# The litigants shall have the right to submit evidence.
# The Court shall draft and pass by majority Standing Orders to determine to procedure for the processing and admission of evidence and examination of witnesses.
Additionally, decisions of the ACJ trial bench can be appealed to the appellate bench. The appellate bench of the ACJ listens to appeals from litigants who are unsatisfied with the way the trial bench arrived at its decision. It does not retry the case. It looks at where there were substantive and/or procedural errors in the decision of the trial bench in arriving at its decision. It may then overturn the remedies and sanctions of the trial bench or impose entirely new sanctions and remedies.
=== Justices ===
The list of judges is as follows:
{| class="wikitable"
|+Table of judges of the ACJ
!Judge
!Country
|-
|
|[[Axdel]]
|-
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|[[Blueacia]]
|-
|
|[[Dragonia]]
|-
|
|[[Durentrus]]
|-
|
|[[Emberwood Coast]]
|-
|
|[[Great Morstaybishlia]]
|-
|
|[[Faethalria]]
|-
|
|[[North Ethalrian Confederacy]]
|-
|The Just Pounamu Waitangi
|[[The Oan Isles]]
|-
|
|[[Oscrelia]]
|-
|
|[[Sarentria]]
|-
|
|[[Tivot]]
|-
|
|[[Tuvaltastan]]
|}
| |||