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The Constitutional Council

Chapter X The Constitutional Council

Article 117: Functions

1. The Constitutional Council has the duty to safeguard respect for the Constitution and to interpret the Constitution and the laws passed by the Assembly.

2. The Constitutional Council has the right to examine and decide on contested cases involving the election of assembly members.

Article 118: Term, Appointment

1. The Constitutional Council consists of nine members with a nine-year mandate. One third of the members of the Council are replaced every three years. Three members are appointed by the King, three members by the Assembly, and three others by the Supreme Council of the Magistracy.

2. The Chairman is elected by the members of the Constitutional Council. He or she shall have a deciding vote in cases of equal vote.

Article 119: Eligibility

Members of the Constitutional Council are selected among the dignitaries with a higher-education degree in law, administration, diplomacy, or economics and who have considerable work experience.

Article 120: Incompatibility

The function of a Constitutional Council member is incompatible with that of a member of the Royal Government, member of the assembly, President or Vice-President of a political party, President or Vice-President of trade-union or in-post judges.

Article 121: Preventive Review

1. The King, the Prime Minister, the President of the Assembly, or 1/10 of the assembly members may forward draft bills to the Constitutional Council for examination before their promulgation.

2. The Constitutional Council decides within no more than thirty days whether the laws and the Internal Rules of Procedure are constitutional.

Article 122: Repressive Review

1. After the law is promulgated, the King, the Prime Minister, the President of the Assembly, 1/10 of the assembly members, or the courts, may ask the Constitutional Council to examine the Constitutionality of that law.

2. Citizens have the right to appeal against the Constitutionality of the laws as through their representatives or the President of the Assembly as stipulated in the above paragraph.

Article 123: Unconstitutionality

1. Provisions of any article ruled by the Council as unconstitutional may not be promulgated or implemented.

2. The decision of the Council is final.

Article 124: Amendment Consultation

The King consults with the Constitutional Council on all proposals to amend the Constitution.

Article 125: Organizational Law

An organic law specifies the organization and operation of the Constitutional Council.

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