Justice system

Justice system

The justice system of New Vanguardia exists to serve the people of the sovereignty, allowing them to be sure that they will be protected from injuries of both government and society. It follows a judge-led procuratorial system, intended to prioritize clear and unambiguous process with the ability of parties to make their voices heard.

The justice system – that is, the system of trials and judgments – is made up of courts and judicial boards. Courts hear cases and may be empowered to make findings of fact. Judicial boards review the conduct of courts. A judicial board is, however, different than an appellate court; a case may be appealed to a higher court if a party disagrees with the outcome of the case and would like it to be re-heard or re-tried, whereas a case may be referred to a judicial board if a party objects with how the case was procedurally conducted.

Court trials are conducted by a judge as presiding officer; in criminal cases, only those who are registered as magistrates may be judges. A judge may be assisted and advised by associate judges and/or by public observers. Specific procedures are intended to be followed and the judge’s handling of the trial is constrained by the possibility of conduct being censured by the judicial board. Requests of each party for specific investigations to be made are taken seriously. The role of attorneys within court is to be extremely limited; while attorneys are not to be expressly barred, the process is meant to be transparent enough that any party can engage without requiring expert assistance.

Court system

At the lowest level of the serious (criminal and extraordinary civil) justice system are the trial courts. There is at least one trial court in each province, and usually there is at least one per district. Above the trial courts are the courts of appeals, these having limited ability to make findings of fact. Some highly-populated districts have their own court of appeals, but each province also has a single court of appeals that stands above any lower courts. Above the provincial level, the country is divided into 7 judicial jurisdictions, each of which has a high court of cassation or interpretation; these are technically divisions of the country-wide High Court of Cassation.

Above the High Court of Cassation is the Court of General Authority, which is the supreme court of the country; while the CGA (or General Court) often acts as simply a court of cassation, it reserves the right to make findings of fact and even to fully re-try cases. Rulings of the High Court and the General Court have the ability to delay, modify, or even nullify ordinances, regulations, and state decrees, but they can only challenge statutes.

As for judicial boards, the trial courts are overseen by provincial judicial boards. Courts of appeals are overseen by the judicial board of each judicial jurisdiction. Both the High Court of Cassation and the Court of General Authority are overseen by the Judiciary Committee of the State Assembly, which acts as their judicial board.