Yemen 2015 Draft Constitution

Table of Contents

Chapter IV. The Constitutional Court

Article 327

The Federal Constitutional Court is a judicial body, financially and administratively independent, and shall assume the following competences:

  1. Monitoring the constitutionality of laws, regulations and resolutions.
  2. Adjudication of conflicts of jurisdiction between judicial bodies.
  3. Adjudication of cases of conflict arising from the issuance of two final contradictory judgments by the ordinary judiciary and administrative judiciary.
  4. Interpretation of the Constitution, laws and regulations.
  5. Adjudication on conflicts over jurisdiction between the various levels of Government.
  6. Examining the constitutionality of draft laws relevant to elections and the fundamental rights and freedoms of citizens before and after enactment.
  7. Presentation of draft laws relevant to the affairs of the Constitutional Court to the legislature.
  8. Monitoring the constitutionality of procedures followed in amending the Constitution.
  9. Ensuring the consistency of regional constitutions with the Federal Constitution.
  10. Any other competence under the provisions of this Constitution or a federal law.

Article 328

The law shall define the procedures and conditions for raising direct claims (lawsuits) by individuals and bodies, defences, referral, challenges and procedures to be followed before the court.

Article 329

  1. The Constitutional Court shall be composed of fourteen members, consisting of senior judges, lawyers and law professors in universities, who are highly qualified and persons with integrity and experience representing the various regions and taking into account the representation of women.
  2. The President of the Republic shall nominate half of the members and the Supreme Judicial Council, universities and the Bar Association shall nominate the remaining half. The law shall determine the selection mechanism for the list of nominees for each group.
  3. The President of the Republic shall issue a decree appointing judges to the Court following confirmation of the Federal Council by three-fifths of the members.

Article 330

Membership in the Court shall be for a ten-year non-renewable term.

Article 331

Half of the members shall be replaced mid-term and shall be succeeded by new members for a ten-year term and by the same previous appointment modality.

Article 332

Rulings and decisions of the Constitutional Court are binding for everyone and on all State authorities, have force of res judicata and shall be published in the Official Gazette. The law regulates the consequent implications of the judgments regarding the unconstitutionality of any piece of legislation.

Article 333

The headquarters of the Constitutional Court shall be in [……], and it may hold hearings outside its headquarters.