Supreme Court of Makko Oko: Difference between revisions
mNo edit summary |
mNo edit summary |
||
| Line 65: | Line 65: | ||
===Appointment=== | ===Appointment=== | ||
Supreme Court justices are appointed by the Minister | 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=== | ||
Revision as of 05:04, 15 February 2024
 | This article is incomplete because it is pending further input from participants, or it is a work-in-progress by one author. Please comment on this article's talk page to share your input, comments and questions. Note: To contribute to this article, you may need to seek help from the author(s) of this page. |
| Supreme Court of Makko Oko | |
|---|---|
 Coat of Arms of Makko Oko | |
| Established | July 30, 1990 (Republic Of Makko Oko) September 13, 2019 (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 | 6 |
| Website | supremecourt.moj.gov.mk |
| Chief Justice | |
| Currently | Edgar Gerlach |
| Since | October 19th, 2023 |
The Supreme Court of Makko Oko is the 2nd 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. In addition, the court holds the power of judicial review and the ability to invalidate a statute for violating a provision of the Basic Rights Of Makko Oko.
History
Republic Of Makko Oko
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.
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 Supreme Court ended permanently.
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.
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
| Sr. No | Name | Start date / length of service | Succeeded |
|---|---|---|---|
| 1 | Hon. Chief Justice Edgar Gerlach |
September 13th, 2019 | Giddens |
| 2 | Hon. Justice Donald Aponte |
September 13th, 2019 | N/A |
| 3 | Hon. Justice Tanya Graham |
July 4th, 2020 | N/A |
| 4 | Hon. Justice Richard Sullivan |
July 4th, 2020 | N/A |
| 5 | Hon. Justice Frances Sparks |
July 4th, 2020 | N/A |
| 6 | Hon. Justice Odell Reynolds |
November 1st, 2021 | N/A |
Former Justices
| Name | Position | Tenure | Appointed By |
|---|---|---|---|
| Kimberly Giddens | Chief Justice | September 13th, 2019-October 19th, 2023 | Emperor Conall Solis |
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.
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.
