Judiciary of Makko Oko

In the Empire Of Makko Oko, judges and prosecutors are public officials and only Makko Okoan citizens are eligible for judgeship, even if nothing officially states this. The Ministry Of Justice handles the administration of courts and the judiciary, including paying salaries or constructing new courthouses. Lastly, the Ministry of Justice proposes legislation dealing with matters of civil or criminal justice.

The structure of the Makko Okoan judiciary is divided into three tiers:

• Inferior courts of original and general jurisdiction
• Intermediate appellate courts which hear cases on appeal from lower courts
• Courts of last resort which hear appeals from lower appellate courts on the interpretation of law

Separation between the Judiciary and the Executive Branch

The judiciary of Makko Oko tends to fray between fair and unfair, with His Emperor's Government and the Emperor themselves exercising full control over any court case as they see fit. One example of this would be in the case of Erma Barrows V. Makko Oko where the Ministry Of Justice ordered that the case be dropped by the presiding judge, due to the original ruling being in Erma's favor. The appeal of that case went in the MOJ's favor, and the government delivered the final ruling.

Under the Basic Rights Of Makko Oko, unlike most constitutions, Makko Oko's doesn't force or stipulate a separation between the courts and justice system, and the executive branch. In fact, the Emperor themselves is legally a judge under the nation's Constitution, due to Section 6, Article 20 stating that "[...] The Emperor and anybody who they also authorize, may also give rulings on matters of criminal and civil, without a court". People say this violates human rights blatantly and flagrantly, by authorizing the head of state to give any court ruling they wish, without a court and without proper procedure, in addition to granting that same power to anybody they wish.

Procedure Of The Courts & Justice System

The Procedure Of The Courts & Justice System, managed by the Emperor and the Ministry Of Justice, stipulates the procedures and guidelines for operating Makko Oko's judicial system, including appeals processes, ruling processes, etc. In general, the initiation of court proceedings requires the plaintiff to demonstrate they have been injured by the other party. In criminal cases, this requires the state to show evidence that a defendant has violated a law, while in civil cases, evidence a defendant failed to uphold an obligation.

Under Section 9, Article 47 of the Procedure Of The Courts & Justice System, the state's prosecutors, known as the Emperor's Prosecution Service, must charge a defendant with a crime the moment evidence is obtained and exists. Trials are inquisitorial, with judges playing a central role, and juries are not used. A guilty verdict can only be appealed if approved as such by the government, while the prosecution can only appeal a not guilty verdict if new evidence later surfaces.

Defendants in criminal trials are somewhat protected, lacking much of the rights that defendants in other nations do. Some rights that defendants receive are the rights to be promptly informed of the charges levied against them, the right to free legal aid and representation should they not be able to afford a lawyer (guaranteed right for citizens only) and the right to discovery. Defendants are presumed guilty until proven innocent.

Types Of Courts

There are multiple types of courts within the Makko Okoan judicial system, with the highest authority of the judiciary being the Constitutional Courts:

• Constitutional Courts are the court of last resort for all matters under Makko Okoan law. They have no original jurisdiction, excluding the Inspectorate's Court of Makko Oko; instead hearing cases on appeal from the Appellate Courts.
• Ordinary Courts are the court of first instance, where all cases, excluding special circumstances, begin. These include both civil and criminal courts.
• Appellate Courts are the court of appeal for all matters under Makko Okoan law. They have no original jurisdiction, only hearing cases on appeal from the Ordinary Courts.
• Administrative Courts are the special courts such as the Immigration Court of Makko Oko, that deal exclusively with certain matters pertaining to the law. They hold both original and appellate jurisdiction, depending on the court.

Constitutional Courts

Supreme Court of Makko Oko

The Supreme Court Of Makko Oko is the 2nd highest court in the justice system, with 7 judges currently appointed to the court as of 2022. The Supreme Court Of Makko Oko has only 1 courthouse situated in the capital city of Opposh. The court has officially existed since the formation of the nation, but the Supreme Court was refounded after the end of the Civil Transition War in 2019.

In the present day, the Supreme Court has been given the power of interpreting the nation's laws for use within the justice system. To date, no Supreme Court judge has ever ruled against the law or attempted to nullify legislation, however, the Appellate Court Of Appeals, has.

The Supreme Court has the power to rule on court appeals cases, constitutional questions, etc. but nobody may directly file a case with the Supreme Court without express approval and backing of the Minister Of Justice.

Inspectorate's Court of Makko Oko

The Inspectorate's Court Of Makko Oko is the highest court in the nation, containing an unknown and classified amount of judges. The Inspectorate's Court was created in 2022 after the passing of the National Protectorate Act, which also established its agency, the Inspectorate Of The Emperor's Command, or the IEC for short. The main purpose of the court is to investigate and prosecute those who defy the regime and the state, including via treason, sedition, etc.

The court however, can prosecute regular civilians and is also an appeal court, seeing as it is the highest court in the nation. This means that if the Inspectorate's Court rules on an appeal, their decision is final, and it cannot be overruled. The Inspectorate's Court, much like the Supreme Court, does not just hear any case that comes up to it, and civilians cannot request the Inspectorate's Court to take a case, instead, it must be considered and approved by those in power within the government, one of which being the Emperor themselves.

The Emperor is a judge on the Inspectorate's Court, being the Chief Justice, along with being the Chief of the IEC. The IEC reports directly to the Emperor and does not listen to any ministry or minister that may come into contact with them. Some feel that this may be a conflict of interest, but these concerns have been mostly ignored or suppressed.

The Inspectorate's Court is housed in the same court as the Supreme Court is, just sitting within a different courtroom. The Inspectorate's Court also has only a single courthouse in the capital city of Opposh. Unlike the Supreme Court, the Inspectorate's Court is classified as a military tribunal, and therefore, operates like one, having a panel of at least 4 judges to comply with current court operating procedures. Military officials and soldiers can be discharged and punished via the Inspectorate's Court.

Jurisdiction

The Inspectorate's Court does not have full court jurisdiction, even though it is the highest court. It is only authorized to handle appeals from the Supreme Court upon approval of the Emperor and prosecution of government officials or those being prosecuted directly by the IEC. In addition, the Inspectorate's Court may hear cases of appeal within the military justice system, and it is the only appeal route within it. This legal terminology of jurisdiction, defined by the Procedure Of The Courts & Justice System, technically makes the Supreme Court the highest court in the nation, and limits the power of the judges.

Ordinary Courts

Emperor's Court of Makko Oko

The Emperor's Court Of Makko Oko is a nationally-run court within the nation, which deals with all things civil and criminal, and is the first court that any case is to appear by. The Emperor's Court Of Makko Oko was previously named the First Court Of Makko Oko until 2018 when after the Civil Transition War, the government and its structure changed, and the court, much like all the others, was redone and recreated.

Unlike the other courts, the Inspectorate's Court and the Supreme Court, the Emperor's Court has many courthouses within the nation, over 50, and well over 100 judges total in the Emperor's Court system.

The Emperor's Court, while not officially designated to have jurisdiction over interpretations of the Basic Rights and of the nation's laws, does have that power, seeing as it is the executor of justice within the nation. Unlike other courts, the Emperor's Court is not an appeal court, and cases cannot be appealed to judges in the Emperor's Court, as the Emperor's Court is where cases are designated to begin, not end.

Administrative Courts

Immigration Court of Makko Oko

The Immigration Court Of Makko Oko is a special court within the justice system, established for the specific matters relating to immigration. The Immigration Court, much like other courts, was established along with the other courts of the empire, and was established in 2018, but the number of courthouses and the number of judges are unknown.

Not much is known about the court, other than that it is the first court that immigration matters are to be heard in, and are separate from the Emperor's Court, which is not authorized to partake in immigration hearings. The Immigration Court is said to make up a body of judges, ranging anywhere from 4 to 7 which all have a unified duty of handling immigration matters, and are specifically trained to do so.

The Immigration Court has jurisdiction and power to deport non-citizens out of the nation, change the status of their citizenship, fast-track their citizenship application, etc. In the hierarchy of Makko Oko's justice system, the Immigration Court is considered to be only higher than the Emperor's Court, with the Appellate Court Of Appeals being higher than both.