Supreme Court Act (Makko Oko): Difference between revisions
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ARTICLE I - For the purposes of this statute, "court" means the Supreme Court of Makko Oko. | ARTICLE I - For the purposes of this statute, "court" means the Supreme Court of Makko Oko. | ||
''SECTION | ''SECTION II - CODE OF ETHICS ESTABLISHMENT'' | ||
ARTICLE II - The Supreme Court shall write and unanimously agree on a code of ethics and enforce it as if it were statutory or constitutional law. | ARTICLE II - The Supreme Court shall write and unanimously agree on a code of ethics and enforce it as if it were statutory or constitutional law. | ||
ARTICLE III - Any code of ethics written by the court, or any time it shall be modified by the court, | ARTICLE III - Any code of ethics written by the court, or any time it shall be modified by the court, shall receive majority approval of the Judicial Policy Commission prior to taking effect. | ||
ARTICLE IV - The code of ethics of the Supreme Court shall be required to contain a requirement of impartiality on all cases, a prohibition on ruling neutral in any case, financial disclosure rules, and a requirement to announce conflicts and remove themselves from cases of conflict. | ARTICLE IV - The code of ethics of the Supreme Court shall be required to contain a requirement of impartiality on all cases, a prohibition on ruling neutral in any case, financial disclosure rules, and a requirement to announce conflicts and remove themselves from cases of conflict. | ||
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ARTICLE V - The code of ethics shall be duly enforced by the JES and the JPC. | ARTICLE V - The code of ethics shall be duly enforced by the JES and the JPC. | ||
''SECTION | ''SECTION III - APPOINTMENT RESTRICTIONS'' | ||
ARTICLE VI - No justice shall be appointed to the court that lacks current, valid certifications from the LSB and a law degree from an educational institution in Makko Oko. | ARTICLE VI - No justice shall be appointed to the court that lacks current, valid certifications from the LSB and a law degree from an educational institution in Makko Oko. | ||
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ARTICLE XIII - Associate justices shall sit for life until retirement, dismissal or death. | ARTICLE XIII - Associate justices shall sit for life until retirement, dismissal or death. | ||
''SECTION | ''SECTION IV - SUPREME LAW EXAM'' | ||
ARTICLE XIV - This statute shall establish the Supreme Law Exam as a service examination under the Civil Service Act to be administered by the Legal Services Bureau under the Ministry of Justice. | ARTICLE XIV - This statute shall establish the Supreme Law Exam as a service examination under the Civil Service Act to be administered by the Legal Services Bureau under the Ministry of Justice. | ||
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ARTICLE XVI - Failing this exam shall not bar the applicant from practicing law, unless they failed due to cheating or another criminal accusation. | ARTICLE XVI - Failing this exam shall not bar the applicant from practicing law, unless they failed due to cheating or another criminal accusation. | ||
''SECTION | ''SECTION V - INVESTIGATORY AUTHORITIES'' | ||
ARTICLE XVII - The JPC shall have the authority under this article to launch investigations against any Supreme Court justice as deemed fit. | ARTICLE XVII - The JPC shall have the authority under this article to launch investigations against any Supreme Court justice as deemed fit. | ||
Latest revision as of 22:34, 30 July 2024
| Supreme Court Act | |
|---|---|
 | |
| Citation | 2027 c. XX |
| Enacted by | 6th Session of the Law Council |
| Date enacted | October 3rd, 2027 |
| Date effective | October 3rd, 2027 |
| Related legislation | |
| Judiciary Act Religious Justice Act | |
| Status: Current legislation | |
The Supreme Court Act (c. XX) is an Act of Council of the 6th Session which was ratified on October 3rd, 2027 by Emperor Conall Solis as a part of the Modern Empire Plan, which also led to the ratification of the 6th Amendment the same day. The act aims to establish additional checks and balances on the Supreme Court and its appointments after the highly controversial ruling in MNU v. Makko Oko, including a mandate of impartiality and establishing restrictions on who can be appointed as Chief Justice. The most controversial provision, which led to the end of the Gerlach Court due to protests by the sitting justices, was the expansion of authority of the JES and accordingly the Ministry of Justice.
Legislative History
Cases
Sections
Enforcement
Effects
Full Text
SECTION I - DEFINITIONS
ARTICLE I - For the purposes of this statute, "court" means the Supreme Court of Makko Oko.
SECTION II - CODE OF ETHICS ESTABLISHMENT
ARTICLE II - The Supreme Court shall write and unanimously agree on a code of ethics and enforce it as if it were statutory or constitutional law.
ARTICLE III - Any code of ethics written by the court, or any time it shall be modified by the court, shall receive majority approval of the Judicial Policy Commission prior to taking effect.
ARTICLE IV - The code of ethics of the Supreme Court shall be required to contain a requirement of impartiality on all cases, a prohibition on ruling neutral in any case, financial disclosure rules, and a requirement to announce conflicts and remove themselves from cases of conflict.
ARTICLE V - The code of ethics shall be duly enforced by the JES and the JPC.
SECTION III - APPOINTMENT RESTRICTIONS
ARTICLE VI - No justice shall be appointed to the court that lacks current, valid certifications from the LSB and a law degree from an educational institution in Makko Oko.
ARTICLE VII - No Chief Justice shall be appointed unless they have prior judgeship experience or is/was an Associate Justice of the court.
ARTICLE VIII - No persons barred from the civil service or disbarred from legal practice shall be eligible for any seat on the court.
ARTICLE IX - The Chief Justice shall sit for life until retirement, dismissal, death or until they reach the age of 75.
ARTICLE X - Starting at the age of 65, a justice of the court shall be required to undergo yearly age competency examinations conducted by the JPC to determine fitness to serve. Should a justice fail the examination, they are to be immediately dismissed under this article.
ARTICLE XI - All candidates for appointment to the court shall be required to undergo a Supreme Law Exam ("SLE") and pass it with a minimum score of 75 in order to be appointed.
ARTICLE XII - Only citizens of the empire shall be eligible for judgeship on the court.
ARTICLE XIII - Associate justices shall sit for life until retirement, dismissal or death.
SECTION IV - SUPREME LAW EXAM
ARTICLE XIV - This statute shall establish the Supreme Law Exam as a service examination under the Civil Service Act to be administered by the Legal Services Bureau under the Ministry of Justice.
ARTICLE XV - The Supreme Law Exam shall test applicants on all matters of law, and shall also test applicants on their ethics, morals, religious preferences and takes on social issues. The LSB shall ensure the exam is more difficult than the exam to be licensed to practice law.
ARTICLE XVI - Failing this exam shall not bar the applicant from practicing law, unless they failed due to cheating or another criminal accusation.
SECTION V - INVESTIGATORY AUTHORITIES
ARTICLE XVII - The JPC shall have the authority under this article to launch investigations against any Supreme Court justice as deemed fit.
ARTICLE XVIII - Upon any investigation of a justice being launched by any government agency, that justice shall be suspended for the duration of it unless the Monarch otherwise designates.
ARTICLE XIX - The JPC shall have the authority to subpoena any individual to appear before its commission in relation or in pursuit of an investigation without judicial approval.
ARTICLE XX - The Minister of Justice shall be able to reverse any ruling of the court that is invalid or a misinterpretation of the law with the approval of the Monarch.
ARTICLE XXI - The JPC shall have the authority to terminate any justice from their judgeship on the court should there be overwhelming evidence of guilt for what they are accused of.
