The Charter of the High Court of theArticle I : Purpose
Kingdom of Britannia
Kingdom of Britannia
A. 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.
B. 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.
Article II : The Judiciary
A. 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:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
B. 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.
1. As per Article VII, section D of the Royal Constitution of Britannia, the Minister of Virtue may be temporarily appointed as High Justicar by majority vote of the High Council if that position is vacant or if the current High Justicar is recused.
2. As per Article XV, section C of the Royal Constitution of Britannia, the High Chancellor of Virtue may make an Emergency Appointment to any vacant Council position, including High Justicar during times of war or political unrest.
a. All sub-sections of the Article must be met for this appointment to be legal.
Article III : Hearings of Constitutional Legality
A. 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.
1. The High Court may overturn in whole - not in part - any amendment, law, or decree passed by the High Council.
2. Any amendment, law, or decree so overturned is considered unconstitutional, and is stricken immediately from the laws of the land.
B. The High Court of Britannia shall be entrusted to conduct hearing on any amendment, law, or decree passed by local governments of Britannia.
1. 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.
2. 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.
C. 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.
Article IV : Hearings of High Crimes
A. The High Court of Britannia shall hold hearing for High Crimes against Britannia and her citizens.
B. 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.
Article V : Hearings of Local Crimes
A. 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.
B. 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.
C. 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.
Article VI : Appeals
A. The High Court of Britannia may be called upon to review Requests for Appeal of a decision rendered by a local court.
B. Requests for Appeal shall be reviewed by the High Court, and one of the following decisions shall be rendered:
1. 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.
2. 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.
3. 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.
C. Requests for Appeal shall be filed with the High Court within six years of the decision of the original hearing.
Article VII : Military Tribunals
A. A Military Tribunal, appointed and engaged by the authority of the Military Presidium, shall oversee and render decision in hearings of:
1. 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.
2. Conduct Violations by members of the Britannian Armed Forces.
3. Any situation where military personnel were involved, and which is both contended as the domain of a Military Tribunal by the Military Presidium, and confirmed by the High Court.
B. The Military Presidium, or one so charged with its 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.
Article VIII : Opinion of the High Court
A. 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.
B. An Opinion of the High Court, written by the presiding judge, shall contain:
1. A brief synopsis of the case, including all parties involved or laws reviewed.
2. A detailed description of the decision rendered in the hearing.
3. An explanation as to what factors resulted in the decision that was rendered.
Article IX : Warrants & Due Process
A. Warrants for the arrest and detainment of criminals shall be issued by the High Court, the Military Presidium, or Field Marshall of Virtue. All warrants not issued by the High Court are subject to review of the High Court.
1. Active warrants shall be kept on file and on display at the High Court of Britannia.
2. Inactive warrants shall be kept on file at the High Court of Britannia, and shall contain information as to why the warrant was discharged.
B. Trial dates shall be set to occur within six months of the date of detainment in criminal matters.
C. 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.
Article X : Amendments
A. This document may be modified at any time by the High Council so long as the modifications do not contradict current law or the laws and tenets set forth by Lord British.
Ratified December 13th, 2008