constituteproject.org • Establishment of judicial council PDF generated: 04 Jan 2016, 20:27 Article 73 The President of the Republic is the guarantor of the independence of the magistrature. He is assisted by the Superior Council of the Magistrature, which he presides over. • Ordinary court selection The Superior Council of the Magistrature sees to the management of the career of the magistrates and gives its opinion on any question concerning the independence of the magistrature. It decides as a council of discipline concerning the magistrates. An organic law establishes the composition, the functioning and the attributions of the Superior Council of the Magistrature as well as the status of the magistrates, with respect for the principles contained in this Constitution. • Protection from false imprisonment Article 74 No one may be arbitrarily detained. The judicial power, guardian of individual liberty, assures the respect for this principle under the conditions provided by the law. TITLE VIII: OF THE CONSTITUTIONAL COUNCIL • Establishment of constitutional court • Constitutional interpretation Article 75 The Constitutional Council sees to respect for the constitutional principles. It controls the constitutionality of the laws. It guarantees the fundamental rights of the human person and the public freedoms. It is the regulatory organ of the functioning of the institutions and of the activity of the public powers. Article 76 • Constitutional court term limits • Constitutional court selection • Constitutional court term length The Constitutional Council consists of six members having a mandate lasting eight years and which is not renewable. They are designated as follows: • two appointed by the President of the Republic; • two appointed by the President of the National Assembly; • two appointed by the Superior Council of the Magistrature. It is renewed by half every four years. The President of the Constitutional Council is appointed by the President of the Republic from among its members. He has the deciding vote in case of a tie. The former Presidents of the Republic are members of right of the Constitutional Council. The members of the Constitutional Council enjoy the immunity accorded to the members of the National Assembly. • Min age of const court judges • Eligibility for const court judges Djibouti 1992 (rev. 2010) The members of the Constitutional Council must be thirty years of age at least and be chosen principally from among the jurists of experience. Page 17