Solving Somalia's non ending Government crisis- Establish a Constitutional Court.

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Solving Somalia's non ending Government crisis- Establish a Constitutional Court.

Waagacusub.net - The constitution as the supreme law of the Land and all Lands.

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Waagacusub.net - The constitution as the supreme law of the Land and all Lands.

We have seen time and again this non ending government crises in Somalia that leads to running to neighbors or international organizations to resolve our disputes, thus making us look weak irrational and corrupt. Disputes are common in countries which were lead by strong men i.e. dictators for long periods of time. All Somali political disputes must end and let us establish the constitutional court tomorrow.

The establishment of the Constitutional Court has been stipulated in the body of the Somali Constitution . It is the timeline that needs to be declared and enacted as it would have solved a lot the current political issues and the turf wars that go inside the Executive branch of the Federal government. All three branches of state powers participate in the formation of the Constitutional Court on an equal basis Three Judges need to be appointed by each of the three branches of the government legislative, Executive and the Judicial Courts a total of nine judges appointed by presidential decree upon approval with mandatory required retirement age of 70 years. The President, after consultation with the Chief Justice and the leaders of political parties or chosen members of the legislative body represented in the Parliament, chooses the judges from this selection. The judges can ordinarily serve for a non-renewable term of 12 years, unless it is extended by an Act of Parliament.

This court, its competences and its staff must be established with the court by the current legislative in consultation with the executive branch and the Judicial branch. This Court must be an independent judicial authority whose headquarters will be in Mogadishu. The Somali Constitutional Court (SCC) alone must be responsible for censoring the constitutionality of the laws and regulations and it assumes interpreting legislative texts. The SCC can, in all cases, judge on the unconstitutionality of any provision in a law or a regulation being presented to it when assuming its competences and connected to the dispute presented or before it is presented as a dispute by looking at its merit if it needs to go forward thus saving time for only major constitutional disputes.

By virtue of its constitutional provisions, this court must have specified articles that define the competences of this court as follows- here is a sample:

To censor the constitutionality of the laws and regulations.

To decide on the disputes over the competent authority among the judicial bodies or authorities of judicial competence.

To decide on the disputes that might take place as to carrying out two final contradictory rulings where one of the aforementioned rulings has been issued by one of the judicial body and the other by another body of judicial competence.

And by virtue of its creation, the SCC alone has the power to interpret the laws issued by the Legislative Authority and the decrees issued by the Head of the State in case of any divergence as regards their implementation.

The constitutional court must have at least has eight jurisdictions:

. Constitutional review of legislation (law)

Disputes about constitutional competence between state institutions

Disputes about constitution of Federal & State administrations

Disputes about electoral results Dissolution of political parties

Disputes between courts including Military Courts

Impeachment of the president

constitutionality of formation and activity of political associations of citizens;

International Law Disputes and the constitution of the Federal government

The constitutional court must have the same legal standing as the Supreme Court. Its powers, set out in articles of the Constitution that include the final say in reviewing laws concerning the Constitution, disputes over the authority of state institutions & regional authorities, the dissolution of political parties and disputes over election results. It also is obliged to rule on any attempt to impeach the president of the Federal Government or to dissolve the Prime Minister and his cabinet.

The judgments of the court must be based on the constitution, which is the supreme law of the land and all other lands under the Somali State. They guarantee the basic rights and freedoms of all persons. They are binding on all organs of government, including the parliament, the presidency, the police force, the army, the public service and all courts. This means that the court has the power to declare an act of Parliament null and void if it conflicts with the constitution and to control executive action and decrees in the same way. When interpreting the Constitution, the court is required to consider international human rights law and may consider the laws of other democratic countries. The creation of this court must not be seen that it absorbs the powers granted in the constitution to the President, The legislative and the Judicial branches of the Federal Government of Somalia but to create a civil way of resolving our political disputes without running to the international community for resolution.

Farah Hassan MBA& PA, PSP

Olney MD

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