|
|
The Charter of the High Court of the
Kingdom of Britannia
- Authority: The High Court of Britannia shall serve as the Judicial Branch of the High
Council of Britannia, and shall serve to oversee that the laws and decrees of the High Council
and Britannia adhere to the Royal Constitution of Britannia, and continue to uphold the laws
and tenets set forth by Lord British, and shall ensure that judicial procedure is upheld.
- Responsibilities: The High Court shall be charged to overturn any law or decree that is
unconstitutional; also shall the High Court be charged with providing judgment on cases it is
appropriate for it to hear; and finally, the High Court shall be charged with furthering
judicial teachings throughout the land, and fostering justice in all of Britannia.
- The High Court of Britannia shall be composed of officers that shall ensure the daily
operation of the High Court. These officers are as follows:
- There shall be a High Justicar of Virtue who shall be solely responsible for the
function of the High Court, and who shall serve a term in accordance with the Royal
Constitution of Britannia.
- The High Justicar of Virtue shall appoint an Associate Justicar of Virtue who shall
be granted power to act in his stead, and to act as adjudicator in appropriate cases.
- There shall be Certified Local Magistrates who have passed a test of certification
that shall allow them to serve as adjudicators of the High Court should the need arise.
- There shall be Certified Barristers who have passed a test of certification that
shall allow them to serve as Public Defender or Prosecutor for those in need of legal
assistance.
- There shall be Certified Bailiffs from the Britannian Armed Forces who, in addition
to being current, honorable members of the Armed Forces, shall pass a certification test to
allow them to serve as Bailiff for hearings in the High Court.
- Officers of the High Court of Britannia shall be of the age of majority, fourteen years;
shall not be a criminal serving sentence; shall not be currently sought under warrant; and
shall not also serve in a non-judicial position upon the High Council of Britannia.
- The High Court of Britannia shall be entitled to conduct hearing on the legality of any
amendment, law, or decree passed by the High Council of Britannia.
- The High Court may overturn in whole - not in part - any amendment, law, or decree
passed by the High Council.
- Any amendment, law, or decree so overturned is considered unconstitutional, and is
stricken immediately from the laws of the land.
- The High Court of Britannia shall be entrusted to conduct hearing on any amendment, law,
or decree passed by local governments of Britannia.
- The High Court may declare a local law to be unconstitutional, and require the local
government to remove or reconstruct such a law so that its nature is no longer
unconstitutional.
- Any law so declared unconstitutional shall, until such time it is removed or
reconstructed, be unenforceable against those who are not citizens of the locality which
has enacted the law.
- Any Hearing of Constitutional Legality shall be open to the public, and the High Court
shall hear testimony from interested parties before rendering a decision.
- The High Court of Britannia shall hold hearing for High Crimes against Britannia and her
citizens.
- All Hearings of High Crimes shall be open to the public, and the High Court shall hear
testimony from parties called by Defense and Prosecution before rendering a decision.
- The High Court of Britannia may be called upon to hold hearing for Local Crimes by a
Local Government, and shall be responsible for holding hearings for crimes of a local nature
in cities where no local government exists. In cities where no local government exists,
national law shall be upheld.
- If a Local Government transfers jurisdiction of a hearing to the High Court, the
decision of the High Court shall be abided, and the Local Government may not retry the case
to arrive at a different result.
- Hearings by the High Court for cities in which a Local Government exists must be held
with respect to the laws of that Local Government.
- The High Court of Britannia may be called upon to review Requests for Appeal of a
decision rendered by a local court.
- Requests for Appeal shall be reviewed by the High Court, and one of the following
decisions shall be rendered:
- Approval of Appeal with Return to the Deciding Court: The High Court may order
the Deciding Court in the original case to re-hear the case if there is sufficient cause
to believe that facts of the original case have been overlooked or that sufficient new
evidence exists to support a new hearing.
- Approval of Appeal to be Heard by the High Court: The High Court may order that a
new hearing shall be opened, and shall be heard by the High Court.
- Denial of Appeal by the High Court: The High Justicar may decline the appeal, and
in doing so, shall certify the decision of the previous court.
- Requests for Appeal shall be filed with the High Court within six years of the decision
of the original hearing.
- A Military Tribunal, appointed and engaged by the authority of the Grand Marshall of
Virtue, shall oversee and render decision in hearings of:
- War Crimes committed by aggressive or defensive forces, including, but not limited
to: Torture of prisoners; Atrocities against any nation; Deliberate attack upon
non-combatant civilians; Failure to abide by terms of surrender; Taking of hostages; or
other War Crimes so defined by the High Council of Britannia.
- Conduct Violations by members of the Britannian Armed Forces.
- Any situation where military personnel were involved, and which is both contended as
the domain of a Military Tribunal by the Grand Marshall of Virtue, and confirmed by the
High Court.
- The Grand Marshall of Virtue, or one so charged with his authority, may call upon the
High Court to hear a case normally bound for Military Tribunal; in such case, the High Court
shall render decision, and the Britannian Armed Forces may appeal such decision, but may not
retry the case in Military Tribunal if they disagree with such decision once the power to
hear has been granted to the High Court.
- The decision of the High Court in any case shall be rendered as an Opinion of the High
Court, which shall be published in the records of the High Court.
- An Opinion of the High Court, written by the presiding judge, shall contain:
- A brief synopsis of the case, including all parties involved or laws reviewed.
- A detailed description of the decision rendered in the hearing.
- An explanation as to what factors resulted in the decision that was rendered.
- Warrants for the arrest and detainment of criminals shall be issued by the High Court,
the Minister of Defense, the Grand Marshall of Virtue, or a commanding Field Marshall of
Virtue. All warrants not issued by the High Court are subject to review of the High Court.
- Active warrants shall be kept on file and on display at the High Court of
Britannia.
- Inactive warrants shall be kept on file at the High Court of Britannia, and shall
contain information as to why the warrant was discharged.
- Trial dates shall be set to occur within six months of the date of detainment in
criminal matters.
- The High Court shall render decisions which are appropriate for the situation being
heard, and which shall not be unreasonable nor beyond the scope of the case in its purview.
- This document may be modified at any time by the High Court so long as the modifications
do not contradict current law or the laws and tenets set forth by Lord British.
|
|
|