Any pleader [plaideur] can raise the exception of unconstitutionality of a law before any
jurisdiction. The conditions for seizing the Constitutional Council are determined by law.
Article 97
The Bills or proposals of law and the Bills of ordinances can be submitted for [the] advice of
the Constitutional Council.
Article 98
The decisions of he Constitutional Council are not susceptible to any recourse. The [are]
imposed on the public powers, on every administrative, jurisdictional, [and] military authority
and on every physical and moral person.
Article 99
A provision declared contrary to the Constitution cannot be promulgated or put into
application.
Article 100
The organic law determines the rules and organization and functioning of the Constitutional
Council, the procedure and the time periods in which it has to decide.
TITLE VIII
OF THE JUDICIAL POWER
Article 101
The judicial power is independent of the executive power and of the legislative power.
Article 102
Justice is rendered on the whole extent of the national territory in the name of the people, by
the Supreme Jurisdictions: Court of Cassation, Council of State, Court of Accounts, and by
the Courts of Appeal and the tribunals. The organic laws establish the composition, the
organization and the functioning of these jurisdictions.
Article 103
The magistrates are only submitted, in the exercise of their functions, to the authority of the
law. The magistrates of the Bench [Sièges] are irremovable.
Article 104
The President of the Republic is the guarantor of the independence of the magistrature. He
presides over the Superior Council of the Magistrature.
Article 105

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