Article (59) The sovereignty of the
Law is the basis of governance in the State. Rights and freedoms are guaranteed by the
dignity of the judiciary and the probity and impartiality of the judges.
Article (60) Judicial power is
independent and vested in the Courts of Law, of whatever type or status, which issue
judgements in accordance with the Law.
Article (61) There is no power over
the judges in their rulings except the Law. Judges can only be dismissed in cases
specified by the Law. No party may interfere in a law suit or in matters of justice; such
interference shall be a crime punishable by law. The Law shall specify the conditions to
be fulfilled for those administering justice, the conditions and procedures for the
appointment of judges, their transfer and promotion, the security offered to them, the
cases in which they are not liable for dismissal, and other relevant provisions.
Article (62) The Law shall regulate
the Law Courts of whatever type or status and shall specify their functions and
competencies. The jurisdiction of Military Courts shall be restricted to military crimes
committed by members of the Armed Forces and the security forces and shall only extend to
others in the case of martial law and then within the limits laid down by the Law.
Article (63) Court hearings are
public except when the Law Court decides to hold the case in camera in the interests of
public order or public morals. In all cases pronouncement of finding and sentence shall be
in open session.
Article (64) The public prosecution
shall conduct legal proceedings on behalf of the community, shall oversee matters of
judicial prosecution and shall be vigilant in the application of the penal code, the
pursuit of the guilty and the execution of court judgements. The Law shall regulate the
public prosecution and its competencies and shall specify the conditions and security
applicable to those who discharge its functions. In exceptional cases, Public Security
departments may be legally empowered to conduct proceedings in cases involving
misdemeanours, in accordance with the conditions laid down by the Law.
Article (65) The legal profession shall
be regulated by the Law.
Article (66) The judiciary shall
have a Higher Council, which shall oversee the smooth running of the Law Courts and
auxiliary bodies. The Law shall specify the powers of this Council with regard to the
functions of the judges and the public prosecutor.
Article (67) The Law shall
adjudicate in administrative disputes through a Special Administrative Causes Court or
Department, whose organisation and mode of procedure shall be specified in Law.
Article (68) The Law shall
adjudicate in disputes over jurisdiction between judicial departments and in cases of
conflict of judgements.
Article (69) The Law shall define
the competencies of the department which expresses legal opinions to Ministries and other
Government departments and formulates and revises draft laws, regulations and decisions.
The Law shall also specify the mode of representation of the State and other public bodies
and organisations before the Departments of Justice.
Article (70) The Law shall stipulate
the judicial department concerned with settling disputes arising from the incompatibility
of laws and regulations with the Basic Law of the State and ensuring that the
latters provisions are not contravened, and shall define that departments
powers and procedures.
Article (71) Judgements shall be
issued and executed in the name of His Majesty the Sultan. Failure or delay in executing
these judgements on the part of the concerned public officials shall be a crime punishable
by law. In such a case the judgement beneficiary has the right to bring a criminal action
directly to the court concerned.