Judiciary of Makko Oko: Difference between revisions
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In the [[Makko Oko|Empire Of Makko Oko]], judges and prosecutors are public officials and only Makko Okoan citizens are eligible for judgeship, even if | In the [[Makko Oko|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 (Makko Oko)|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: | The structure of the Makko Okoan judiciary is divided into three tiers: | ||
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* Intermediate appellate courts which hear cases on appeal from lower courts | * 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 | * Courts of last resort which hear appeals from lower appellate courts on the interpretation of law | ||
==Separation between the Judiciary and the Executive Branch== | ==Separation between the Judiciary and the Executive Branch== | ||
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==Procedure Of The Courts & Justice System== | ==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 rarely protected, lacking much of the rights that defendants in other nations do. One of the only rights that defendants receive is the right to be promptly informed of the charges levied against them, with citizens also receiving the right to legal representation. Defendants are presumed guilty until proven innocent. | |||
==Organization== | ==Organization== | ||
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==Appellate Jurisdiction== | ==Appellate Jurisdiction== | ||
== | ==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 appearance, 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 Special 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=== | |||
===Inspectorate's Court of Makko Oko=== | |||
==Appellate Courts== | |||
===Appellate Court Of Appeals of Makko Oko=== | |||
==Ordinary Courts== | |||
===Emperor's Court of Makko Oko=== | |||
==Administrative Courts== | |||
===Civil Claims Court of Makko Oko=== | |||
===Tax Litigation Court of Makko Oko=== | |||
===Special Immigration Court of Makko Oko=== | |||
===Labor Board of Makko Oko=== | |||
==Public Prosecution== | ==Public Prosecution== | ||
Revision as of 20:43, 23 October 2022
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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.
Law
Criminal Law
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 rarely protected, lacking much of the rights that defendants in other nations do. One of the only rights that defendants receive is the right to be promptly informed of the charges levied against them, with citizens also receiving the right to legal representation. Defendants are presumed guilty until proven innocent.
Organization
Ordinary Jurisdiction
Appellate Jurisdiction
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 appearance, 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 Special 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.
