The JudiciaryNovember 20, 2021
Article 76. The judicial power is vested in a Supreme Court and inferior courts
No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power.
All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.
Article 77. The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs.
Public procurators shall be subject to the rule-making power of the Supreme Court. The Supreme Court may delegate the power to make rules for inferior courts to such courts.
Article 78. Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.
Article 79. The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet.
The appointment of the Supreme Court judges shall be reviewed:
- by the people at the first general election of members of the House of Representatives following their appointment,
- and again at the first general election of members of the House of Representatives after a lapse of 10 years, and in the same manner thereafter.
If the majority of the voters favors the dismissal of a judge, he shall be dismissed.
Matters pertaining to review shall be prescribed by law. The judges of the Supreme Court shall be retired upon the attainment of the age as fixed by law. All such judges shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 80. The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court.
All such judges shall hold office for 10 years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law.
The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.
Article 81. The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.
Article 82. Trials shall be conducted and judgment declared publicly.
Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in Chapter 3 of this Constitution are in question shall always be conducted publicly.