Article 105
a. The various types and degrees of the courts shall be regulated by
law, and the law shall state their functions and jurisdiction.
b. The jurisdiction of military courts shall be confined to military
offences committed by members of the Defence Force, the National
Guard, and the Security Forces. It does not extend to other persons
except when martial law is declared and within the bounds
prescribed by law.
c. Court hearings shall be held in public except in exceptional cases
prescribed by law.
d. A Higher Judicial Council shall be established by law to
supervise the smooth running of work in the courts and their
supporting organs. The powers of the Higher Judicial Council in
the functional affairs of judicial personnel and the Public
Prosecution Office shall be prescribed by law.
Article 106
A Constitutional Court shall be established, and shall comprise a
President and six members, all of whom are appointed by a Royal
Order for a period specified by the law. The court’s area of
competence is to watch over the constitutionality of laws and
statutes.
The law shall state the regulations that ensure that the members of
the Court are not liable to dismissal, and specifies the procedures
that are followed before the Court. The law shall guarantee the
right of the Government, Consultative Council, the Council of
Deputies and notable individuals and others to challenge before
the Court the constitutionality of laws and statutes. A ruling by the
Court that a text in a law or a statute is unconstitutional shall have
a direct effect, unless the Court specifies a subsequent date for the
purpose. Thus if the Court’s rule on unconstitutionality is related
to a text in the penal code then the convictions made on the basis of
such a text are deemed null and void.
The King may refer to the Court any draft laws before they are
adopted to determine the extent of their agreement with the
Constitution. The Court’s determination is binding on all State
authorities and on everyone.
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