THE FEDERAL REPUBLIC OF SOMALIA
(a)
Appoint, discipline and transfer any member of the judiciary at the Federal level;;
(b)
To decide on remuneration and pensions of members of the judiciary;;
(c)
To decide on other work matters of the judiciary.
Article 109B. The Formation of the Constitutional Court
(1)
This Constitution establishes the Constitutional Court, which is composed of five (5) Judges
including the Chief Judge and the Deputy Chief Judge.
(2)
The Judicial Service Commission shall nominate as judge of the Constitutional Court only persons
of high integrity, with appropriate qualifications in laZDQG6KDUL·DDQGZKRare each highly
competent in Constitutional matters.
(3)
The Judicial Service Commission shall propose to the House of the People the person they want to
be appointed as a Constitutional judge.
(4)
If the House of the People of the Federal Parliament approves the name proposed in accordance
with Clause 3 of this Article, the President of the Federal Republic shall appoint that Person as a
judge of the Constitutional Court.
(5)
From amongst their members, the Constitutional Court judges shall appoint the Chief Judge and
Deputy Chief Judge.
Article 109C. The Powers of the Constitutional Court
(1)
The Constitutional Court shall have the following exclusive powers:
(a)
Upon request from a member of the Council of Ministers, a committee from either one
of the Houses, or ten members of either House of the Federal Parliament, to review draft
legislation, and determine its compatibility with the Constitution;;
(b)
To hear and decide cases as stipulated in Article 86 concerning challenges to the
constitutionality of a law passed by the Federal Parliament;;
(c)
To hear and decide on cases that have been submitted to the Constitutional court resulting
from matters stated in Article 109 (2) (c), concerning matters of interpretation of the
Constitution not arising out of Court litigation;;
(d)
To resolve any disputes between the Federal Government and the Federal Member State
governments, or among the Federal Member State governments;;
(e)
To hear and decide cases arising out of disputes between organs of the Federal Government,
concerning their respective constitutional powers and duties;;
(f)
To hear and decide cases arising in terms of Article 92 concerning the impeachment trials of
the President.
(2)
The Constitutional Court shall determine the date from which the decision to void legislation shall
come into effect.
(3)
In the case of legislation held to be unconstitutional, except in terms of Paragraph (b) of this
Clause, taking into account the effect of the decision on the date of invalidation on the stakeholders
and other social interests, the constitutional court may declare the legislation invalid from the time
of enactment, or from the time of the judgment, or, to enable appropriate action pending invalidity,
from a date specified in the future.
35
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos