JUDICIAL POWER

Article 98
Judicial power shall be independent of legislative power and of executive power. It shall be carried out by the Constitutional Court, the Supreme Court, courts and tribunals created in accordance with the present Constitution.

Article 99
Justice shall be rendered on the national territory in the name of the people and in strict accordance with the rule of law as well as with the rights and liberties of each citizen. Decisions taken by the courts shall apply to all, to those in authority as well as to ordinary citizens. They shall be criticised only through official legal channels.

Article 100
In the exercise of their functions judges are independent .

SECTION I: Constitutional Court
 
Article 103
The Constitutional Court is the competent court for constitutional and electoral matters. It has the responsibility to rule on the constitutionality of laws and ordinances and to decide whether international treaties and agreements are in accordance with the Constitution. The Constitutional Court interprets the provisions of the Constitution. It controls the legality, transparency and honesty of referendums and presidential, legislative and local elections. It is the judge of any electoral litigation and announces the final results of elections.

Article 104
The Constitutional Court consists of seven (07) members aged forty (40) years or more
It is composed of:
  1. two (2) persons of great experience of which one (1) is proposed by the Office of the National Assembly and one (1) proposed by the President of the Republic;
  2. two (2) magistrates elected by their peers;
  3. one (1) lawyer ("avocat") elected by his/her peers;
  4. one (1) diplomate of the Faculty of law holding at least a doctorate in public law elected by his/her peers;
  5. one representatives of the Association for the Defense of Human Rights (ADDH) known for his/her competence in public law.
The members of the Constitutional Court are named for six (6) years by decree of the President of the Republic. Their mandate is not renewable. A third of the members of the Constitutional Court are replaced every two (2) years.

Article 105
The members of the Constitutional Court are inviolable during the duration of their mandate. They may not be questioned or detained without the authorization of the Constitutional Court, except in case of flagrant offence ("sauf cas de flagrant délit") In case the President of the Constitutional Court can be held for no more than 48 hours.

Article 106
The President of the Constitutional Court is elected by his/her peers for a duration of three (3) years, renewable.

Article 112
Organic laws, before being promulgated, and by-laws of the National Assembly, before being applied, shall be submitted to the Constitutional Court, which shall determine whether or not they conform to the Constitution. To the same end, laws may be deferred to the Constitutional Court prior to their promulgation by the President of the Republic, by the President of the National Assembly, or by a vote of one-tenth of the Deputies. In cases covered by the preceding paragraphs, the Constitutional Court shall announce its ruling within fifteen days. In case of an emergency, the ruling shall be forthcoming within five days, if the government so requests. ... By way of plea at bar, any person who is party to a legal proceeding shall be able to raise the question of unconstitutionality of a law before any jurisdiction. Any law, or any provision of a law, which shall be declared unconstitutional through application of the preceding line shall be immediately considered null and void. In the same cases submissions before the Constitutional Court shall suspend the delay for promulgation.

Article 113
Any person involved in a court case may query the constitutionality of a law before any court of law by exceptional remedy. The latter must defer its ruling until the decision of the Constitutional Court, a decision that must be reached within thirty days. A clause declared unconstitutional on the basis of the above paragraph is null and void by right. The ruling of the Constitutional Court instituting this unconstitutionality is published in the Government Gazette in accordance with the emergency procedure.

Article 115
No appeal can be made against the decrees of the Constitutional Court. They are binding on the government and all administrative, civil, military and legal authorities.

SECTION III: The High Court of Justice

Article 118
The President of the Republic is not responsible for acts carried out while exercising his functions except in the case of high treason. He is judged by the High Court of Justice. High treason occurs when the President of the Republic has violated his oath, is recognised as author, co-author or accomplice of grave violations concerning human rights, the fraudulent cession of a part of the national territory, or the introduction of toxic waste into the national territory. When the President of the Republic is judged guilty of the crime of high treason, he is stripped of his functions. The deposition is established by the Constitutional Court at the conclusion of the procedure before the High Court of Justice in accordance with the terms of the present Constitution. The High Court of Justice is competent to judge members of the government with regard to acts regarded as crimes or offences committed while exercising or in the event of exercising their functions.

Article 120
The High Court of Justice is bound by the definitions of crimes and offences and by the determination of sentences stemming from the penal laws in force at the time of the events included in the legal proceedings.