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Article 158
The customary and traditional remedies may not be made an obstacle to public
action.
Title VII: Of the Constitutional Council
• Establishment of constitutional court
Article 159
A Constitutional Council is instituted.
• Constitutional court selection
Article 160
The Constitutional Council is composed of nine (9) members including three (3)
magistrates and six (6) jurists of high level appointed in the following manner:
• two (2) magistrates and three (3) jurists by the President of the Republic;
• one (1) magistrate and three (3) jurists by the President of the National
Assembly;
• Constitutional court term limits
• Constitutional court term length
The mandate of a member of the Constitutional Council is of nine (9) year
non-renewable.
The Constitutional Council is renewed by thirds (1/3) every three (3) years.
The members of the Constitutional Council are irremovable for the duration of their
mandate, except in cases of condemnation for misdemeanors and crimes, of
resignation or of definitive impediment.
• Eligibility for const court judges
• Constitutional court powers
• Constitutional interpretation
• Treaty ratification
• Legal status of treaties
The members of the Constitutional Council must be of a recognized professional
competence, of good morals and of grand probity.
Article 161
The Constitutional Council is the judge of the constitutionality of the laws, of the
treaties and international agreements.
It takes cognizance of the disputes [concerning] the presidential [and] legislative
elections.
• Referenda
It sees to the regularity of the operations of the referendum and proclaims the
results of it.
It decides obligatorily on the constitutionality of the organic laws before their
promulgation[,] and of the Internal Regulations of the National Assembly before
their implementation.
It receives the oath of the elected President of the Republic.
The Constitutional Council is the regulatory organ of the functioning of the
institutions and of the activity of the public powers.
It rules [on] the conflicts of attribution between the institutions of the State.
Article 162
The functions of member of the Constitutional Council are incompatible with the
character of member of the Government, the exercise of any elective mandate, of
Chad 1996 (rev. 2005)
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