PROVISIONAL CONSTITUTION
shall be the Federal High Court, whilst the highest court at the Federal Member State level
shall be the Federal Member State High Court.
Article 109. The Proceedings of the National Courts
(1)
If a case is presented before a court, and the case concerns the Federal Government, the court shall
refer the case to the Federal Government level court.
(2)
If a case is presented before a court and the case concerns a constitutional matter, the court may
refer the case to the Constitutional Court.
(3)
(a)
Any court with judicial powers can decide on whether a matter brought before it is
a constitutional matter or not, if this will not contradict the exclusive powers of the
Constitutional Court, as stipulated in Article 109C of the Constitution;;
(b)
The Constitutional Court is the final authority in constitutional matters;;
(c)
The Constitutional Court shall have sole jurisdiction on matters of interpretation of the
Constitution which have not arisen out of court litigation;;
(d)
Any individual or group, or the government may submit a reference application directly to the
Constitutional Court on matters concerning the public interest.
Notwithstanding Clauses 1 and 2 of this Article, the Federal Parliament shall enact a law providing
detailed laws for the interaction between the Federal Government level courts and the Federal
Member States courts.
Article 109A. The Judicial Service Commission
(1)
This Constitution establishes a Judicial Service Commission.
(2)
The Judicial Service Commission shall be comprised of nine (9) members, which shall be as follows:
(a)
The Chief Judge of the Constitutional Court;;
(b)
The Chief Judge of the High Court;;
(c)
The Attorney General;;
(d)
Two (2) people who are members of the Somali Bar, appointed by the Somali Law Society for
a four (4) year term;;
(e)
The Chair of the Human Rights Commission;;
(f)
Three (3) people of high reputation within Somali society, proposed by the Council of
Ministers, and then appointed by the President for a term of four (4) years, and renewable
only once.
(3)
The Judicial Service Commission shall elect a chair from amongst its members.
(4)
The term of office for the members of the Judicial Service Commission is five (5) years, renewable
only once.
(5)
A disciplinary regulation passed by the Judicial Service Commission shall apply to all the members
of the Judicial Service Commission.
(6)
In accordance with law and regulation, the Judicial Service Commission shall do the following:
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