Compliance with law
142. The Judges are independent, and subject only to the
Constitution and the law. When deciding matters on
which the Constitution or the law is silent, Judges must
consider Islamic Shari’ah. In the performance of their
judicial functions, Judges must apply the Constitution
and the law impartially and without fear, favour or
prejudice.
Jurisdiction of the
courts
143.
(a) The Supreme Court and the High Court shall
have jurisdiction to enquire into and rule on the
constitutional validity of any statute or part
thereof enacted by the People’s Majlis.
(b) In any matter before them, all courts have
jurisdiction to determine matters concerning the
interpretation and application of any provision of
the Constitution, and this shall not be deemed
contrary to article (a).
(c) Every court has jurisdiction to overturn the
decision of a lower court.
(d) Lower courts shall follow the decisions of a
higher court.
Powers in
constitutional matters
144. When deciding a constitutional matter within its
jurisdiction, a court:
(a) may declare that any statute, regulation or part
thereof, order, decision or action of any person
or body performing a public function that is
inconsistent with the Constitution is invalid to
the extent of the inconsistency; and
(b) may in connection with a declaration pursuant
to article (b) make any order that is just and
equitable, including:
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