106

Article 106  Constitutionality of legislation  Constitutional court selection A Constitutional Court shall be established, and shall comprise a President and six members, all of whom are appointed by a Royal Order for a period specified by the law. The court’s area of competence is to watch over the constitutionality of laws and statutes. The law shall state the regulations that ensure that the members of the Court are not liable to dismissal, and specifies the procedures that are followed before the Court. The law shall guarantee the right of the Government, Consultative Council, the Chamber of Deputies and notable individuals and others to challenge before the Court the constitutionality of laws and statutes. A ruling by the Court that a text in a law or a statute is unconstitutional shall have a direct effect, unless the Court specifies a subsequent date for the purpose. Thus if the Court’s rule on unconstitutionality is related to a text in the penal code then the convictions made on the basis of such a text are deemed null and void. The King may refer to the Court any draft laws before they are adopted to determine the extent of their agreement with the Constitution. The Court’s determination is binding on all State authorities and on everyone. Chapter V: Financial Affairs