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• Supreme court powers
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Article 224
An organic law specifies the composition, the organization, the competence and the
functioning of the Supreme Court as well as the procedure applicable before it.
3. OF THE CONSTITUTIONAL COURT
• Constitutional interpretation
• Establishment of constitutional court
Article 225
The Constitutional Court is the jurisdiction of the State in constitutional matters. It is
the judge of the constitutionality of the laws and interprets the Constitution.
• Constitutional court term limits
• Eligibility for const court judges
• Constitutional court selection
• Constitutional court term length
Article 226
The Constitutional Court is composed of seven members. They are appointed by the
President of the Republic and after approval of the Senate. They have a mandate of
six years non-renewable.
Three, at least, of the members of the Constitutional Court are career Magistrates.
The President, the Vice-President and the career magistrates are permanent.
The members of the Constitutional Court are chosen [from] among the jurists
recognized for their moral integrity, their impartiality and their independence.
Three of the members of the Constitutional Court appointed before the entry into
force of this Constitution have a mandate limited to three years. They are chosen by
drawing of lots [tirage au sort] assured by the President of this Court assisted by his
adjunct in the course of a public hearing.
• Constitutionality of legislation
Article 227
The Constitutional Court may only sit validly if five at least of its members are
present. Its decisions are taken with the absolute majority of the sitting members,
the voice of the President being preponderant in the case of equal sharing of the
voices.
• Constitutional court powers
Article 228
The Constitutional Court is competent to:
• decide on the constitutionality of the laws[,] and [on] the regulatory acts
taken in the matters other than those belonging to [relevant] the domain of
the law;
• assure the respect for this Constitution, including the Charte des Droits
fundamentaux [Charter of Fundamental Rights], by the organs of the State,
[and] the other institutions;
• interpret the Constitution, at the request of the President of the Republic,
of the President of the National Assembly, of the President of the Senate, of
one quarter of the Deputies or of one quarter of the Senators;
• decide on the regularity of the presidential and legislative elections and of
the referenda and to proclaim the definitive results of them;
• receive the oath of the President of the Republic, of the Vice-Presidents of
the Republic and of the members of the Government before their entry into
[their] functions;
•
Burundi 2005
declare the vacancy of the position of President of the Republic.
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