Last Change:
06/02/2025
Constitution of Somalia
Year: 2012
Type: Domestic law
Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
Description
The Constitution of Somalia is the supreme law of the country, currently governed by the Provisional Constitution of 2012. It establishes Somalia as a federal, democratic, and Islamic republic, with Islam as the state religion. The constitution outlines a separation of powers among the executive, legislative, and judicial branches and provides for a federal system, recognizing the autonomy of member states.
Selected provisions
(1) Judicial authority is vested in the courts.
(2) The judicial structure shall be regulated in a law enacted by the Federal Parliament
(1) The judiciary is independent of the legislative and executive branches of government whilst fulfilling its judicial functions. Members of the judiciary shall be subject only to the law.
(2) No civil or criminal proceedings shall be instituted against a judge in respect of the exercising of any judicial function.
(3) The home or person of a judge cannot be searched without the authorization of the Judicial Service Commission.
(1) Judicial proceedings shall be open to the public, but the courts may decide, in the interests of ethics,
national security, the protection of witnesses, in cases involving juveniles, or concerning rape, that
the proceedings be held in private.
(2) No judicial decision shall be made unless all parties have had the opportunity to present their case.
(3) Reasons shall be given for all judicial decisions