- Article 76:
- 1)
- The whole judicial power is vested in a Supreme
Court and in such inferior courts as are
established by law.
- 2)
- No extraordinary tribunal shall be established,
nor shall any organ or agency of the Executive
be given final judicial power.
- 3)
- All judges shall be independent in the exercise
of their conscience and shall be bound only
by this Constitution and the laws.
- Article 77:
- 1)
- The Supreme Court is vested with the rule-making
power under which it determines the rules
of procedure and of practice, and of matters
relating to attorneys, the internal discipline
of the courts and the administration of judicial
affairs.
- 2)
- Public procurators shall be subject to the
rule-making power of the Supreme Court.
- 3)
- The Supreme Court may delegate the power
to make rules for inferior courts to such
courts.
- Article 78:
- Judges shall not be removed except by public
impeachment unless judicially declared mentally
or physically incompetent to perform official
duties. No disciplinary action against judges
shall be administered by any executive organ
or agency.
- Article 79:
- 1)
- The Supreme Court shall consist of a Chief
Judge and such number of judges as may be
determined by law; all such judges excepting
the Chief Judge shall be appointed by the
Cabinet.
- 2)
- The appointment of the judges of the Supreme
Court shall be reviewed by the people at
the first general election of members of
the House of Representatives following their
appointment, and shall be reviewed again
at the first general election of members
of the House of Representatives after a lapse
of 10 years, and in the same manner thereafter.
- Article 80:
- 1)
- The judges of the inferior courts shall be
appointed by the Cabinet from a list of persons
nominated by the Supreme Court. All such
judges shall hold office for a term of 10
years with privilege of reappointment, provided
that they shall be retired upon the attainment
of the age as fixed by law.
- 2)
- The judges of the inferior courts shall receive,
at regular stated intervals, adequate compensation
which shall not be decreased during their
terms of office.
- Article 81:
- The Supreme Court is the court of last resort
with power to determine the constitutionality
of any law, order, regulation or official
act.
- Article 82:
- 1)
- Trials shall be conducted and judgement declared
publicly.
- 2)
- Where a court unanimously determines publicity
to be dangerous to public order or morals,
a trial may be conducted privately, but trials
of political offenses, offenses involving
the press or cases wherein the rights of
people as guaranteed in CHAPTER III of this
Constitution are in question shall always
be conducted publicly.