Justice and Courts Charter

ESTABLISHED by Constitutional Order of the Koru of the Hokorian State under the Constitution of the Hokorian State.

Part I- Purpose and Status

Section 1- Purpose of this Charter

1. This Charter establishes the constitutional basis for justice within the Hokorian State.
2. This Charter provides for the existence, suspension and substitution of courts.
3. This Charter preserves legal continuity without requiring permanent judicial institutions.

Section 2- Constitutional Status

1. This Charter has constitutional force.
2. This Charter has effect only for so long as it is established by Constitutional Order.
3. This Charter prevails over any statute or regulation to the extent of inconsistency.
4. This Charter is subject to the Sovereignty and Koru Charter.

Part II- Justice

Section 3- Authority of Justice

1. Justice within the Hokorian State flows from the authority of the Koru.
2. The administration of justice may be exercised by courts or by other mechanisms authorised by law or Constitutional Order.
3. No body has inherent judicial authority.

Section 4- Nature of Justice

1. Justice shall be administered according to law where practicable.
2. Where formal adjudication is not practicable, justice may be administered through alternative lawful mechanisms.
3. The absence of formal courts does not suspend the authority of justice.

Part III- Courts

Section 5- Existence of Courts

1. Courts may be established, recognised, suspended or dissolved by statute or Constitutional Order.
2. No court exists unless expressly established.
3. The structure, jurisdiction and procedure of courts shall be as provided by law.

Section 6- Judges and Decision Makers

1. Judges or other decision makers shall be appointed in such manner as provided by law or instrument.
2. No qualification, tenure or procedure is required except where imposed by law.
3. A decision maker exercises authority only for so long as that authority is recognised.

Part IV- Substitution and Emergency Justice

Section 7- Substitution of Judicial Functions

1. Where courts are suspended or unable to operate, judicial functions may be exercised by:
2. officers of the State;
3. bodies or persons designated by law; or
4. mechanisms authorised by Constitutional Order.
5. Substituted mechanisms shall have such scope and limits as specified by the authorising instrument.

Section 8- Exceptional Circumstances

1. In exceptional circumstances, justice may be administered through expedited or simplified processes.
2. Exceptional measures may depart from ordinary judicial practice.
3. Exceptional measures shall have effect according to their terms.

Part V- Limits and Review

Section 9- Final Authority

1. Final authority over the administration of justice rests with the Koru.
2. No judicial or substitute body may limit the sovereign authority of the Koru.

Section 10- Review and Correction

1. Decisions may be reviewed or corrected where provided by law or instrument.
2. No right of appeal exists except where expressly created.

Part VI- Continuity and Interpretation

Section 11- Continuity of Justice

1. The administration of justice shall continue at all times.
2. The absence of courts, judges or procedures shall not invalidate the authority of the State.

Section 12- Interpretation

1. This Charter shall be interpreted to preserve order, authority and continuity.
2. No provision of this Charter shall be read as requiring the permanent existence of courts.

Part VII- Final Provisions

Section 13- Relationship to Other Law

1. This Charter permits, but does not require, the establishment of an independent judiciary.
2. Statutes and regulations may elaborate upon matters addressed in this Charter.