Chapter One
Establishment and Formation of the Supreme Constitutional Court
Article 1 An independent judicial court of appeal shall be established, hereinafter called “the Supreme Constitutional Court”. It shall have an independent budget, and shall be based in the city of Doha. Article 2
Article 1
An independent judicial court of appeal shall be established, hereinafter called “the Supreme Constitutional Court”. It shall have an independent budget, and shall be based in the city of Doha.
The Supreme Constitutional Court shall consist of a president and six members. The president shall be appointed by an Emiri Decree at the level of a minister, and the remaining members shall be appointed by an Emiri Order specifying their seniority. A quorum of at least five (5) members, one of whom must be the president, shall be required to validly convene the Court and the session shall be chaired by the president or the most senior member. Where the president is unable, due to absence or temporary incapacity, to perform any of his duties, the senior member present may discharge such duties. The Supreme Constitutional Court's judgments and resolutions shall be determined by the majority of the opinions of those attending the session, and in the event of a tie, the president shall have a casting vote and his opinion shall prevail.
A member appointed to the Court must meet the requirements as set out by the law of the Judicial Authority, provided that such member shall not be younger than forty years old and shall possess experience of not less than fifteen years in a recognised legal position and is duly authorized to practice law in the courts of the country.
The president and members of the Supreme Constitutional Court shall, prior to assuming their responsibilities, be sworn in before the Emir under the following solemn oath: ”I swear to Almighty God to respect the provisions of the constitution and the law, and the wisest justice”.
1. The Supreme Constitutional Court shall have a general assembly consisting of all its members. In addition to its jurisdiction provided for herein, the assembly shall be charged with considering matters related to the regulation of the Court; internal matters, and all matters relevant to the membersthereof. The Court, based on a decision by the general assembly, may establish technical or administrative bodies to assist the Court in the exercise of its functions.The opinion of the general assembly shall be sought before deciding any bills that relate to the Court.
The general assembly shall convene upon an invitation by its chairman and shall be valid if attended by the majority of the members. The president of the Supreme Constitutional Court shall preside over the general assembly. Where the president is absentfor any reason, the chairmanship shall be passed to the most senior member of the Supreme Constitutional Court. The general assembly shall issue its resolutions on the basis of the majority vote of members present, and in the event of a tie the chairman shall have a casting vote.
to be appointed by an Emiri Decree. The Court shall be served by a sufficient number of employees to be appointed by a resolution of the president of the Supreme Constitutional Court. The Secretary-General shall have powers over such employees as prescribed in the laws and regulations.
Guarantees and Duties of the Members of the Supreme Constitutional Court
Article 8 Salaries, allowances and remunerations of the members of the Supreme Constitutional Court shall be determined by an Emiri resolution. Article 9
Article 8
Salaries, allowances and remunerations of the members of the Supreme Constitutional Court shall be determined by an Emiri resolution.
Members of the Supreme Constitutional Court shall only be delegated to carry out legal business at international legal institutions or foreign countries or to perform scientific tasks.
1. The provisions set out in the code of civil and commercial procedures shall be applied in determining the incompetence of the president or members of the Supreme Constitutional Court and their dismissal thereafter. The Full Court shall consider the reply application, except where the president or the member is affected by the case. In the event of a tie, the president shall have a casting vote. A reply submitted by all or some members shall not be accepted if the number of the remaining members is less than five.
All rights, privileges and duties as prescribed by the Judicial Authority Law shall apply with regard to the president and members of the Supreme Constitutional Court.
Jurisdictions and Procedures
Article 12 The Supreme Constitutional Court shall have exclusive jurisdiction to carry out the following duties:12-1. To settle disputes relating to the constitutionality of the laws and regulations of the country.12-2. To settle disputesrelating to jurisdiction by determining the competent court that should hear the case. The Supreme Court shall have jurisdiction to review upon appeal any decision of a lower court on any matter of law or legal inference.12-3. To settle disputes relating to the execution of the contradictory final judgments issued by judicial bodies or bodies having judicial jurisdiction. 12-4. To interpret the provisions of laws where disagreement in their application arises and where unificationof their interpretation is requestedby the Prime Minister or the Speaker of Shura Council. Article 13
Article 12
The Supreme Constitutional Court shall have exclusive jurisdiction to carry out the following duties:12-1. To settle disputes relating to the constitutionality of the laws and regulations of the country.12-2. To settle disputesrelating to jurisdiction by determining the competent court that should hear the case. The Supreme Court shall have jurisdiction to review upon appeal any decision of a lower court on any matter of law or legal inference.12-3. To settle disputes relating to the execution of the contradictory final judgments issued by judicial bodies or bodies having judicial jurisdiction. 12-4. To interpret the provisions of laws where disagreement in their application arises and where unificationof their interpretation is requestedby the Prime Minister or the Speaker of Shura Council.
The Supreme Constitutional Court shall settle disputes related to the constitutionality of the laws and regulations as follows: Where a provision in an act of law that is required to settle a dispute in a case is found to be unconstitutional, the Court shall discontinue the hearing of the case and refer it to the constitutional Court for guidance. Where a litigant disputes the constitutionality of an act of law before a court hearing the case, the Court shall adjourn the hearing of the case for not more than 60 days to allow the litigant to file the dispute before a constitutional Court.
The Constitutional Court shall exercise its powers when settling all cases brought before it regarding the constitutionality of the law in question
The Constitutional Court, upon resolving the issues of constitutionality of a dispute over the law used to settle a case in accordance with Article 13, shall issue a statement of the text of the law that is being challenged,indicating those parts of the law that have been found to be contradictory.
1. Where issues of jurisdiction arise,any concerned party may request the court to appoint a competent body to consider the case in accordance with the provisions of Sub-article 12-2 herein. The concerned party shall explain in its request the subject matter of the dispute, the juristic courts that have heard the case, and decisions thereon.
1. Every concerned party may request the court to settle the existing dispute regarding the execution of the two final contradicting judgments issued in the case as provided for in Sub-article 12-3 herein. The request of the dispute over the execution should state the contradictory aspects between the two judgments and should attach an official copy of each judgment. The Presiding Judge may order upon a request made by the concerned parties to cease the execution of either of the two judgments until settlement of the dispute.
A qualified lawyer shall be present at the Court of Cassation to sign the case plaintand attendance before the Court.
1. The General Secretariat shall record the referral resolutions, cases and requests made to the court in a special register upon their submission. The General Secretariat shall notify the concerned parties of the said resolutions or cases within fifteen days from the date of recording them in the register. The Government shall be considered a litigant in the constitutional cases.
1. Any person who receives notice of a case by referral or by plaint shall lodge at the General Secretariat within fifteen days from date of such notice a memorandum of his comments andall necessary documents. The defendant shall filehisdefense and all necessary documents within fifteen days of receipt of the claimant's memorandum. The claimant shall file his response within fifteen days of the filing of the defence
Where the defendant and claimant file out of time, the General Secretariat shall notify the Presiding Judge thereof, who shall decide upon the appropriateaction.
1. The General Secretariat shall, upon the expiry of the deadlines stated in Article 20 herein, deliver the case file and a request to the Presiding Judge to set a date for a hearing. The Secretary-General shall notify the concerned parties by registered letter of the date of the hearing not less than 10 days prior thereto.
Having examined the relevant records, the Court shall,without hearing oral arguments, take a decision on the cases beforeit. Where the Court decides that an oral pleading is required, it may hear the parties' defence. The Court may also permit the parities to lodge memorandums on the dates set by the Court.
The rules of attendance and absence specified in the code of civil and commercial procedures shall not apply to the cases and claims submitted to the court.
Without prejudice to any law exempting any party from liability for court fees, a fixed fee of ten thousand (10,000) Riyals shall be charged on cases submitted to the court and deposited in the court's treasury.
Judgments and decisions
Article 26 The Court shall decide ex meromotu in all secondary matters Article 27
Article 26
The Court shall decide ex meromotu in all secondary matters
Judgments and decisionsby interpretation of the Supreme Constitutional Court shall be final and binding on all parties and authorities of the State.
1. Judgments and decisions by interpretation issued by the Court in constitutional matters shall be published in the Official Gazette within fifteen days of the date of their issuance. a provision of a law or regulation ruled as unconstitutionalshall cease to be in effect the day following its publication, unless another date is specifies. Where the unconstitutionality rule relates to a criminal provision, conviction verdicts based thereupon shall be non-existent.The Secretary-General shall notify the AttorneyGeneral of the judgment upon its issuance for enforement.
The Court shall solely consider all disputes related to the execution of the judgments issued by it.
Unless otherwise provided for herein, the provisions of the abovementioned Civil and Commercial Law, the Judiciary Law and the Law regulating the civil service in the country shall apply.
The abovementioned Law No. 6 of 2007, and any judgment contrary to the provisions hereof, shall be cancelled, and cases filed before the Constitutional Circuit shall be referred to the Supreme Constitutional Court.
All competent authorities, each within its jurisdiction, shall execute this Law, which shall come into force 1st of October 2008 and be published in the Official Gazette.