Title I Review of the Constitutionality of Laws
Article 98 Constitutionality of Laws
1. Laws and provisions having the force of law shall conform to the Constitution and to the general principles of Islam.
2. In the course of a judicial proceeding, the question of the constitutionality of a law or a provision having the force of law may be raised, as to the form or substance, by means of a petition of the party concerned or of the Office of the Attorney General, or by the court on its own motion, where the decision depends, even though partially, on the application of the law or provision being challenged.
3. Where a petition is presented by the party concerned or by the Office of the Attorney General while the case is pending before a court of first or second instance, the court, where it finds the petition not manifestly unfounded, shall suspend judgment and refer the matter to the Supreme Court for a decision, which shall be binding upon the former court.
4. Where a petition is presented while the case is pending before the Supreme Court, the Supreme Court, where it finds the petition not manifestly unfounded, shall suspend judgment and proceed according to
5. The same procedure shall apply where the question constitutionality is raised by a court 0Â£ first or second instance, or bv the Supreme Court, on their own motion.
Article 99 Constitutional Court
1. A question of constitutionality shall be decided by the Supreme Court constituted as the Constitutional. Court, with the addition of two members appointed for a period of three years by the President of the Republic, on the proposal of the Council of Ministers and two members, elected for the same period by the National Assembly by an absolute majority.
2. The qualifications of the additional members shall be prescribed by law.
Article 100 Judgment
A decision of the Supreme Court declaring that a. law or a provision having the force 'of law is unconstitutional shall be communicated by the Court to the" President of the Republic, the President of the National Assembly and the Prime Minister, and shall be published in the manner prescribed for the publication of laws.
TITLE II Criminal Proceedings Against the President of the Republic and the Members of the Government
Article 101 Impeachment
1. The articles of impeachment approved by the National Assembly under Article 76 or Article 84, shall specify the acts alleged to have been committed by the President of the Republic or any member of the Government and their accomplices, if any.
2. The National Assembly shall appoint, from among its members, or from outside, one or three Prosecuting Commissioners who shall act as Public Prosecutor in proceedings before the Supreme Court constituted as the High Court of Justice.
Article 102 High Court of Justice
The Supreme Court constituted as the High Court of Justice shall conduct the trials with six additional members, drawn by lot by the President of the Court at a public hearing from a special list of twelve citizens qualified for election as deputies. The twelve citizens shall be elected by the National Assembly at the beginning of each term from among persons who are not members of the Assembly.
Article 103 Organization
1. The provisions governing proceedings before the Supreme Court constituted as the Constitutional Court or the High Court of Justice shall be laid down by law.
2. The Court shall establish its own rules of court for the hearings.
TITLE III Amendments to the Constitution
Article 104 Amendments and Additions to the Constitution
Amendments or additions to the provisions of the Constitution shall be decided by the National Assembly on the proposal of at least one fifth of its members, or of the Government, or of 10,000 voters, by two successive ballots held at an interval of not less than three months, approval thereof requiring an absolute majority of the deputies on the first ballot and a two third majority on the second ballot.
Article 105 Limits on Amendments to the Constitution
The Constitution shall not be amended under the terms of the preceding article for the purpose of modifying the republican and democratic form of government or for restricting the fundamental rights and freedoms 0Â£ the citizen and of man guaranteed by the Constitution.