Supreme Court of Makko Oko: Difference between revisions

Jump to navigation Jump to search
mNo edit summary
No edit summary
 
(10 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{WIP}}
{{Infobox court
{{Infobox court
|court_name      = Supreme Court of Makko Oko
|court_name      = Supreme Court of Makko Oko
Line 21: Line 19:
|appealsfrom      = <!-- appeals from what other courts are heard by this -->
|appealsfrom      = <!-- appeals from what other courts are heard by this -->
|terms            = Life until retirement, dismissal or death
|terms            = Life until retirement, dismissal or death
|positions        = 6
|positions        = 9
|budget          = <!-- amount of annual budget -->
|budget          = <!-- amount of annual budget -->
|website          = supremecourt.moj.gov.mk
|website          = supremecourt.moj.gov.mk
|chiefjudgetitle  = Chief Justice
|chiefjudgetitle  = Chief Justice
|chiefjudgename  = Edgar Gerlach
|chiefjudgename  = Sara Mauer
|termstart        = October 19th, 2023
|termstart        = October 22nd, 2027
|termend          = <!-- year term for current chief as chief ends, if applicable -->
|termend          = <!-- year term for current chief as chief ends, if applicable -->
|chiefjudgetitle2 = <!-- title of the second top judge if applicable-->
|chiefjudgetitle2 = <!-- title of the second top judge if applicable-->
Line 41: Line 39:
}}
}}


The '''Supreme Court of Makko Oko''' is the 2nd highest court within the [[Makko Oko|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 (Makko Oko)|Ministry Of Justice]], the [[Emperor of Makko Oko|Emperor]], whenever a court forwards a constitutional question to the court, and per the court's own decision to take on a case. In addition, the court holds the power of {{wp|judicial review}} and the ability to invalidate a statute for violating a provision of the [[Constitution of Makko Oko|Basic Rights Of Makko Oko]].
The '''Supreme Court of Makko Oko''' is the highest court within the [[Makko Oko|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 (Makko Oko)|Ministry of Justice]], the [[Emperor of Makko Oko|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==
==History==


===Republic Of Makko Oko===
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.


When Makko Oko originally came to be in 1990 as the Republic Of Makko Oko, the Constitution guaranteed and mandated the creation of the Supreme Court Of Makko Oko. The court was during that era, the highest court in the nation, with the authority to impeach and remove public officials from office, in addition to Members Of Parliament (MP), the authority to overturn national, province and city law, and the authority to overturn Presidential decrees.
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.


During the Republic, 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.


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 Supreme Court ended permanently.
=== Justices ===


===Rebirth In The Empire===
==== 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.


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.
===Rebirth in the Empire===


===Downgrade Of Authority===
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.
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==
==Justices==
Line 78: Line 84:
|-
|-
| 1
| 1
| <small>Hon. Chief Justice</small><br>[[Edgar Gerlach]]
| <small>Hon. Chief Justice</small><br>[[Sara Mauer]]
| September 13th, 2019
| October 22nd, 2027
| Giddens
| [[Edgar Gerlach]]
|-
|-
| 2
| 2
| <small>Hon. Justice</small><br>[[Donald Aponte]]
| <small>Hon. Justice</small><br>[[Richard Sullivan]]
| September 13th, 2019
| July 4th, 2020
| N/A
| [[Donald Aponte]]
|-
|-
| 3
| 3
| <small>Hon. Justice</small><br>[[Tanya Graham]]
| <small>Hon. Justice</small><br>[[Frances Sparks]]
| July 4th, 2020
| July 4th, 2020
| N/A
| [[Tanya Graham]]
|-
|-
| 4
| 4
| <small>Hon. Justice</small><br>[[Richard Sullivan]]
| <small>Hon. Justice</small><br>[[Odell Reynolds]]
| July 4th, 2020
| November 1st, 2021
| N/A
| N/A
|-
|-
| 5
| 5
| <small>Hon. Justice</small><br>[[Frances Sparks]]
| <small>Hon. Justice</small><br>[[Rita Bayless]]
| July 4th, 2020
| October 22nd, 2027
| N/A
| N/A
|-
|-
| 6
| 6
| <small>Hon. Justice</small><br>[[Odell Reynolds]]
|<small>Hon. Justice</small><br>[[Jerry Kiser]]
| November 1st, 2021
| October 22nd, 2027
| N/A
|-
| 7
|<small>Hon. Justice</small><br>[[Gabriel Kos]]
| October 22nd, 2027
| N/A
|-
| 8
|<small>Hon. Justice</small><br>[[William Garrett]]
| October 22nd, 2027
| N/A
|-
| 9
|<small>Hon. Justice</small><br>[[Mark Clifton]]
| October 22nd, 2027
| N/A
| N/A
|}
|}
Line 115: Line 136:
! Tenure
! Tenure
! Appointed By
! Appointed By
|-
|[[William Garrett]]
|Justice
|2019-2021
|[[Conall Solis|Emperor Conall Solis]]
|-
|-
| [[Kimberly Giddens]]
| [[Kimberly Giddens]]
| Chief Justice
| Chief Justice
| September 13th, 2019-October 19th, 2023
| September 13th, 2019-October 19th, 2023
| [[Conall Solis|Emperor Conall Solis]]
|-
|[[Donald Aponte]]
| Justice
| September 13th, 2019-October 15th, 2027
| [[Conall Solis|Emperor Conall Solis]]
|-
| [[Edgar Gerlach]]
| Chief Justice
| September 13th, 2019-October 15th, 2027
| [[Conall Solis|Emperor Conall Solis]]
|-
| [[Tanya Graham]]
| Justice
| July 4th, 2020-October 15th, 2027
| [[Conall Solis|Emperor Conall Solis]]
| [[Conall Solis|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==
==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.
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.
==Important Cases==
# Kramer Evans et al. V. Ministry of Internal Security
This Supreme Court case ruled on the legality of a directive promulgated by the Ministry of Internal Security referred to as Directive #1 - On The Topic Of Runaway Slaves. The directive was under attempts to be halted through the case, filed by a coalition of civil rights experts and lawyers, and represented by Kramer Evans, however, a 4-3 majority ruling published on February 5th, 2023, a year after the case was heard, upheld it. The case established the precedent of "not illegal but proceed", referring to the fact that nothing expressly forbidden by statute or the Constitution was legal, irrespective of any rights it could trump.


==See Also==
==See Also==

Latest revision as of 01:26, 26 July 2024

Supreme Court of Makko Oko
Makko Oko Coat Of Arms.png
Coat of Arms of Makko Oko
EstablishedJuly 30, 1990; 34 years ago (1990-07-30) (Republic Of Makko Oko)
September 13, 2019; 5 years ago (2019-09-13) (Empire Of Makko Oko)
Jurisdiction Makko Oko
LocationOpposh, Makko Oko
Authorized byEmperor Decree Upon Formation Of Empire
Appeals toInspectorate's Court Of Makko Oko
Judge term lengthLife until retirement, dismissal or death
Number of positions9
Websitesupremecourt.moj.gov.mk
Chief Justice
CurrentlySara Mauer
SinceOctober 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.

See Also

Retrieved from "https://iiwiki.us/mediawiki/index.php?title=Supreme_Court_of_Makko_Oko&oldid=824311"