Supreme Court of Makko Oko

Supreme Court of Makko Oko
Coat of Arms of Makko Oko
Established	July 30, 1990 (1990-07-30) (Republic Of Makko Oko) September 13, 2019 (2019-09-13) (Empire Of Makko Oko)
Jurisdiction	Makko Oko
Location	Opposh, Makko Oko
Authorized by	Emperor Decree Upon Formation Of Empire
Appeals to	Inspectorate's Court Of Makko Oko
Judge term length	Life until retirement, dismissal or death
Number of positions	9
Website	supremecourt.moj.gov.mk
Chief Justice
Currently	Sara Mauer
Since	October 22nd, 2027

The Supreme Court of Makko Oko is the highest court within the Empire of Makko Oko. The court has full appellate jurisdiction over any civil or criminal case in the nation, and defacto constitutional review jurisdiction throughout the entire empire. In some cases, the court has ordinary jurisdiction whenever ordered so by the Ministry of Justice, the Emperor, whenever a court forwards a constitutional question to the court, and per the court's own decision to take on a case. The court holds a limited judicial review power with the national government and full judicial review authority with the provincial governments due to executive sovereignty per Section 13 of the Constitution of Makko Oko.

The court is established by Section 5 of the Constitution as the "[...] highest court of the land". The composition of the court and its regulations are outlined by the Supreme Court Act, ratified in 2027 after the court case MNU v. Makko Oko to help resolve the issue of biased opinions and to help reduce the potential of erroneous or split rulings.

History

The Supreme Court was conceived as a concept in the late 60's, around 1967-68 whilst debating who was fit to decide "finally" issues of law & order. The draftees of the Constitution did not perceive the need for a Supreme Court, instead only relegating the courts to be an authority that "[...] are to be created, and such regulated, by the Parliament of Makko Oko". The Constitution did not explicitly state how the courts could be formed, nor were there any restrictions on them.

In 1969, the first proposals were written for a Supreme Court, with one such proposal being titled "A Bill on Formulating a Supreme Court", and this proposal would be the one adopted for further development. In December that year, the bill was voted on and sent to the President for ratification, who did so as such. The bill became effective as the Supreme Court Act on February 1st, 1970. The Supreme Court had been a body of constantly changing justices, with their appointments only lasting for a maximum of 6 years, 1 year longer than the term of a President (5 years). The Supreme Court was largely pro-people, with many rulings against the government made, by many justices. Over 300 public officials got impeached by the court during its existence, while no President was impeached.

When the Civil Transition War struck, the President of the Republic, Harold Zenonis, disbanded the court and paused it until the end of the war, which at the time of the disbandment, was thought to end on the Republic's side. When that didn't occur, the Republic-era Supreme Court ended permanently.

Justices

Early Beginnings (Fry & Collins)

When the Supreme Court began on February 1st, 1970, the title of Chief Justice had not yet been invented, instead, the statute created a position coined "Supreme Justice", with all subordinate justices being named Associate Supreme Justice. The first Supreme Justice in Makkonian history was that of John Fry, who served from 1970 to 1978 and was according to historians the "most liberal justice in Makkonian history". The cases that his eight year term oversaw include the formerly famous Whiten v. Makko Oko case which established that the government could not require any citizen to take a blood test as a condition of receiving access to government programs unless it was for a valid medical reason.

Rebirth in the Empire

After the end of the Civil Transition War and the removal of the old Constitution, the new Emperor, Conall Solis, sought to recreate the Supreme Court of Makko Oko, and did so by enacting a decree, known as an Emperor's Order. The order set out the body and framework of the court, with much more flexibility in changing it than during the Republic. It was still the highest court in the land, up to its downgrade of authority, and the first Chief Justice appointed was Kimberly Giddens directly by the Emperor themselves.

Downgrade of Authority

The Supreme Court originally stood as the highest court in the nation, and continued to be that way until the creation of the Inspectorate's Court through the enactment of the National Protectorate Act on January 2nd, 2022. The Inspectorate's Court became the new highest court in the nation, having main jurisdiction over the prosecution of government officials investigated by the IEC. They could also decide constitutional issues, however.

Back to Supremacy

The Supreme Court became the highest court in the nation after the ratification of the 6th Amendment to the Constitution, which officially made the court a constitutional body and established that no court shall supersede it in power, nor be able to override its decisions. This, however, came with a drawback of limited judicial authority and review of government actions, controlled by the executive branch in the establishment of executive sovereignty. It also sought to affect the Law Council slightly in terms of authority over the executive branch.

Justices

Appointment

Supreme Court justices are appointed by the Minister of Justice or the Monarch, with the Committee on Judicial Appointments recommending candidates, usually current or retired judges, for open places on the bench.

Current Justices

Current justices of the Supreme Court

Sr. No	Name	Start date / length of service	Succeeded
1	Hon. Chief Justice Sara Mauer	October 22nd, 2027	Edgar Gerlach
2	Hon. Justice Richard Sullivan	July 4th, 2020	Donald Aponte
3	Hon. Justice Frances Sparks	July 4th, 2020	Tanya Graham
4	Hon. Justice Odell Reynolds	November 1st, 2021	N/A
5	Hon. Justice Rita Bayless	October 22nd, 2027	N/A
6	Hon. Justice Jerry Kiser	October 22nd, 2027	N/A
7	Hon. Justice Gabriel Kos	October 22nd, 2027	N/A
8	Hon. Justice William Garrett	October 22nd, 2027	N/A
9	Hon. Justice Mark Clifton	October 22nd, 2027	N/A

Former Justices

Name	Position	Tenure	Appointed By
William Garrett	Justice	2019-2021	Emperor Conall Solis
Kimberly Giddens	Chief Justice	September 13th, 2019-October 19th, 2023	Emperor Conall Solis
Donald Aponte	Justice	September 13th, 2019-October 15th, 2027	Emperor Conall Solis
Edgar Gerlach	Chief Justice	September 13th, 2019-October 15th, 2027	Emperor Conall Solis
Tanya Graham	Justice	July 4th, 2020-October 15th, 2027	Emperor Conall Solis

Former Supreme Court of the Republic of Makko Oko Justices

• Wayne Jensen (XXXX-2019)
• Kimberly Giddens (XXXX-2019)
• Sara Mauer (XXXX-2019)
• William Garth (2006-2017)

Independence Of The Court

The Supreme Court is semi-independent, where the court can decide on which cases to hear, when to hear them and what the rulings are, however, the executive appoints and removes judges, can overturn rulings in some cases and enforce orders upon judges and court cases.