Public law Lessons of the constitutional articles Lecturer: muse Ahmed isse

Public law Lessons of the constitutional articles

Lecturer: muse Ahmed isse

Somali national university

Date: 17-06-2016

Article 69. The Powers of the House of the People of the Federal Parliament

(1) The House of the People of the Federal Parliament has legislative duties, including the duty.

(a) To pass, amend or reject any law tabled before it.

(b) To prepare laws, except laws related to the annual budget, which shall be formulated by the Council of Ministers.

(2) The House of the People of the Federal Parliament has the following additional powers.

(a) To approve the Independent Commissions brought before it by the Prime Minister.

(b) To hold accountable and monitor the national institutions, and to ensure the implementation of national laws.

(c) To summon the Prime Minister, members of the Council of Ministers and the Chairmen of The Independent Commissions and Offices, The House of the People of the Federal Parliament has the authority to review the duties of any official who does not respond when summoned by the House of the People of the Federal Parliament.

(d) To give a vote of confidence in the Prime Minister and the Council of Ministers, and in Government projects, to be conducted by a simple majority vote of the total members (50%+1) by means of a show of hands to the Prime Minister and members of the Council of Ministers.

(e) To carry out a vote of no confidence in the Prime Minister and his deputy or deputies by a Simple majority vote of the total members (50% +1) to be conducted by means of a show of Hands.

(f) To elect and dismiss the President of the Federal Republic as provided for by the Constitution.

(g) To carry out other duties as provided for by the Constitution to ensure the proper Implementation and review of the Constitution.

Article 71. The Upper House of the Federal Parliament

The Upper House of the Federal Parliament represents the Federal Member States, and its legislative duties include:

(a) Participation in the process of the amending the Constitution, in accordance with Chapter 15.

(b) Passing, amending, or rejecting the laws that are tabled before it in accordance with Articles 80-83.

(c) Study of laws delegated to it in accordance with Article 80-83.

(d) Participation in the election of the President of the Federal Republic in accordance with Article 89.

(e) Dismissal of the President in accordance with Article 92.

(f) Participation in the process of declaring war in accordance with the Constitution

(g) Carrying out other duties required by the Constitution to ensure proper implementation and review of the Constitution.

(h) Participation in the process of declaring a state of emergency in accordance with the Constitution and

(i) Participation in the process of appointing the following members of government institutions as provided for by the Constitution.

(i) Members of the Judicial Service Commission.

(ii) Chairman and Judges of the Constitutional Court.

(iii) Members of the National Independent Electoral Commission

(iv) Members of the Boundaries and Federation Commission

(v) Members of the Arbitration Committee

Article 96. Oath of the President of the Federal Republic of Somalia

Before assuming office, the President of the Federal Republic of Somalia shall take an oath before the Federal Parliament, administered by the Chairman of the High Court, which shall be as follows:

“Swear in the name of Allah that I will perform my duties honestly and in the best interest of The Nation, People and Religion, and that I will abide by the Constitution and the other Laws of the Country”

Article 99. Responsibilities of the Council of Ministers

The Council of Ministers has the powers to:

(a) Formulate the overall government policy and implement it.

(b) Approve and implement administrative regulations, in accordance with the law.

(c) Prepare draft laws, and table them before the House of the People of the Federal Parliament;;

(d) Prepare the annual budget and finalize the accounts.

(e) Set the national development plan.

(f) Implement laws, ensure national security, and protect state interests.

(g) Appoint and dismiss senior public officials.

(h) Propose the appointment or dismissal of ambassadors, consuls and diplomats .

(I) Exercise any other power conferred upon it by the Constitution or by other laws.

Article 100. Responsibilities and Powers of the Prime Minister

The responsibilities of the Prime Minister are to:

(a) Be the Head of the Federal Government.

(b) Appoint and dismiss members of the Council of Ministers.

(c) Present the Council of Ministers and government program before the House of the People of the Federal Parliament to seek their endorsement.

(d) Carry out any other function conferred upon him or her by the Constitution or by any other Law that complies with the Constitution and its underlying values.

Article 101. Deputy Prime Minister

The Deputy Prime Minister acts for the Prime Minister when the Prime Minister is out of the country, and carries out other responsibilities as may be delegated by the Prime Minister.

Article 109A. The Judicial Service Commission

(1) This Constitution establishes a Judicial Service Commission.

(2) The Judicial Service Commission shall be comprised of nine (9) members, which shall be as follows:

(a) The Chief Judge of the Constitutional Court.

(b) The Chief Judge of the High Court.

(c) The Attorney General.

(d) Two (2) people who are members of the Somali Bar, appointed by the Somali Law Society for four(4) Year term.

(e) The Chair of the Human Rights Commission.

(f) Three (3) people of high reputation within Somali society, proposed by the Council of Ministers, and then appointed by the President for a term of four (4) years, and renewable only once.

(3) The Judicial Service Commission shall elect a chair from amongst its members.

(4) The term of office for the members of the Judicial Service Commission is five (5) years renewable only once.

(5) A disciplinary regulation passed by the Judicial Service Commission shall apply to all the members of the Judicial Service Commission.

(6) In accordance with law and regulation, the Judicial Service Commission shall do the following: (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 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.

(4) In the case of criminal legislation, if the effect of declaring the law invalid from the enactment date would be of benefit to a person who has been convicted through this unconstitutional legislation the invalidity must be from the time of enactment.