Court of Taijitu

From Taijitu
Revision as of 20:18, 1 August 2010 by Pragmia (Talk | contribs)

Jump to: navigation, search
Court of Taijitu
Seal of the Court of Taijitu
History
Formation Constitution of Taijitu
June 20, 2010
Leadership
Chief Justice Gulliver
Structure
Members Gulliver
Selection
Method Delegate nomination with Senate confirmation
Term length Life tenure
Meeting place
Court forums

The Court of Taijitu is the sole judicial body of Taijitu. It is composed of three members, a chief justice who administers the Court's business and two associate justices who rule on cases alongside the chief justice. Currently only the office of chief justice is occupied. All justices are appointed through nomination by the delegate and subsequent confirmation by the Senate. They serve until retirement or until removed by the Senate. The Court tries all criminal and civil cases under Taijituan jurisdiction, and arbitrates disputes between Taijituan citizens. The Court is also explicitly granted the power of judicial review by the Constitution of Taijitu, and may strike down government acts or laws which it deems to be unlawful or unconstitutional.

History

The history of Taijitu's judicial system is not as storied as that of the other two branches of government. Its powers have remained effectively unchanged, while its structure has only varied slightly. The first judicial body of Taijitu under the region's original constitution was the Supreme Court. There was no constitutionally mandated distinction between associate justices and and a chief justice responsible for administering the court, and the maximum number of justices was limited to nine. It was given the general power to try any cases brought before it without specifying the nature of these cases.

On March 27, 2008, a new constitution was enacted as part of a coup by Sovereign Dixie. This new constitution renamed the Supreme Court the Judiciary, and changed the maximum of nine justices to a minimum of one justice. This state of affairs was short lived, and the previous constitution was soon restored.

In June of 2010, a new constitution was drafted as part of a regional revival. The judiciary's name was changed for a second time to simply the Court of Taijitu, and any constitutional limitations on the size of the Court were removed, replaced instead by a default number that could be altered by law. The then single office of justice was split into the offices of associate justice and chief justice. The Court's power to try both civil and criminal cases and arbitrate disputes was made explicit instead of merely implied in its general ability to try cases. The responsibility of administering elections and referendums was also placed upon the Court. Previously elections had been administered by either the delegate or Speaker of the Senate as provided by election laws.

Powers

The Court is empowered to try criminal cases, civil cases and suits against the government, to arbitrate disputes between Taijituan citizens and to resolve ambiguities in the law or Constitution. In the case of suits against the government, the Court is explicitly given the power of judicial review, and may strike down laws and government acts which it finds to be unconstitutional. The manner in which the Court tries such cases may be regulated by law, and the Constitution forbids justices from trying any cases in which they have personal involvement. Outside of trying cases, the Court's only constitutional responsibility is administering elections and referendums.

Appointment and removal

The appointment of justices is a two step process. The delegate must first nominate a candidate. Nominees must then be confirmed by a two-thirds majority vote of the Senate before they can become a justice. Though not constitutionally required, votes on whether to confirm a nominee for justice have always been preceded by some manner of formal review. Once in office, justices may serve indefinitely until their resignation or forced removal from office. The latter of these two options may be brought about by a two-thirds majority vote of the Senate. As unelected officials, justices may not be recalled like the delegate and senators.