Chapter V - Judicial Power Article 162 The honor of the Judiciary and the integrity and impartiality of judges are the bases of rule and a guarantee of rights and liberties. Article 163 In administering justice, judges shall not subject to any authority. No interference whatsoever shall be allowed with the conduct of justice. Law shall guarantee the independence of the Judiciary and shall state the guarantees and provisions relating to judges and the conditions of their irremovability. Article 164 Law shall regulate the Courts of various kinds and degrees and specify their functions and jurisdiction. Except when Martial Law is in force, Military Courts shall have jurisdiction only over military offences committed by members of the armed and security forces within the limits specified by law. Article 165 Sittings of the Courts shall be public save in the exceptional cases prescribed by law. Article 166 The right of recourse to the Courts is guaranteed to all people. Law shall prescribe the procedure and manner necessary for the exercise of this right. Article 167 The Public Prosecution Office shall conduct penal charges on behalf of society. It shall supervise the affairs of judicial police, the enforcement of penal laws, the pursuit of offenders and the execution of judgments. Law shall regulate this body, lay down its duties, and define the conditions and guarantees for those who assume its functions. As an exception, law may entrust to the public security authorities the conduct of prosecutions in misdemeanors in accordance with the manner prescribed by law. Article 168 The Judiciary shall have a Supreme Council which shall be regulated, and its duties defined, by law. Article 169 Law shall regulate the settlement of administrative suits by means of a special Chamber or Court, and shall prescribe its organization and the manner of assuming administrative jurisdiction including the power of both nullification and compensation in respect of administrative acts contrary to law. Article 170 Law shall organize the body which shall render legal advice to ministries and public departments and shall draft bills and regulations. Law shall also regulate the representation of the State and other public bodies before the Courts. Article 171 A Council of State may be established by a law to assume the functions of administrative jurisdiction, rendering legal advice, and drafting bills and regulations, mentioned in the preceding two Articles. Article 172 Law shall prescribe the method of resolving conflicts of jurisdiction or of judgments between the various kinds of Courts. Article 173 Law shall specify the judicial body competent to decide upon disputes relating to the constitutionality of laws and regulations and shall determine its jurisdiction and procedure. Law shall ensure the right of both the Government and the interested parties to challenge the constitutionality of laws and regulations before the said body. If the said body decides that a law or a regulation is unconstitutional, it shall be considered null and void. Back to Main