constituteproject.org • Constitutional court powers • Constitutional interpretation • Constitutional court powers PDF generated: 18 Apr 2016, 15:25 Article 86 The Constitutional Court shall obligatorily decide upon: • the constitutionality of organic laws and laws before their promulgation, regulatory acts touching upon the fundamental rights of the human person and civil liberties; • interior regulations of the National Assembly, of the High Council of Territorial Units and of the Economic, Social and Cultural Council before they come into application when their conformity with the Constitution comes into question; • conflicts between the institutions of the State regarding attribution; • the regularity of all elections and operations of referendum of which it proclaims the results. Article 87 The Constitutional Court shall resolve, in the case of contested validity of an election, by any elector, any candidate, any political party or delegate of the Government, within the conditions preordained by an organic law. • Constitutionality of legislation Article 88 Organic laws shall be submitted by the Prime Minister to the Constitutional Court before their promulgation. Other categories of law as well as other regulatory acts may be deferred to the Constitutional Court by the President of the Republic, the Prime Minister, the President of the National Assembly or one tenth of the Deputies, the President of the High Council of Territorial Units or one tenth of the National Councilors or the President of the Supreme Court. • Constitutionality of legislation Article 89 The Constitutional Court shall reach its decisions (,) within an adversarial system the operation of which shall be determined by an organic law (,) within one month. Always, upon the demand of the Government and in the case of urgency, this period shall be shortened to eight days. Consideration suspends the time limit for promulgation of the law or application of the act. A disposition declared unconstitutional shall not be promulgated or applied. • Constitutional court powers • Legal status of treaties Article 90 International engagements described in Articles 114 to 116 shall be deferred before their ratification to the constitutional court, either by the President of the Republic, the Prime Minister, the President of the National Assembly or by one tenth of the Deputies, the President of the High Council of Territorial Units or by one tenth of the National Councilors. The constitutional court verifies, within one month, if these engagements contain a clause contrary to the Constitution. Always, upon the demand of the Government, if there is urgency, this time limit is shortened to eight days. Mali 1992 Page 19

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