The new law creates a Constitutional Court to interpret the Constitution and resolve disputes.
Somalia has enacted Law No. 23, establishing the Constitutional Court. The law creates a court with the authority to interpret the Constitution and resolve constitutional disputes.
The Act was enacted to strengthen judicial independence and the rule of law. Its purpose is to give Somalia a dedicated court that can interpret the Constitution, protect constitutional rights, and resolve disputes between institutions of the state.
Law No. 23, the Law on the Establishment of the Constitutional Court was enacted and entered into force on June 27, 2016.
A constitutional court is one of the most important guardians of a country's basic law. This law was designed to give Somalia such an institution.
Article 1 (Establishment) formally creates the Constitutional Court, and Article 2 (Location) sets out where it sits. Article 3 (Legal Status) gives the court its standing within the judicial system.
Article 4 (Duties and Responsibilities) defines the court's mandate, including interpreting the Constitution and resolving constitutional questions.
The court is given the authority to resolve disputes between institutions of the state and to protect the constitutional order.
By creating an independent constitutional court, the law strengthens the separation of powers and provides a clear forum for resolving the most fundamental legal questions.
This law is important because it strengthens judicial independence and the rule of law in Somalia. A dedicated Constitutional Court provides a clear forum for interpreting the Constitution and resolving disputes between state institutions. Reliable constitutional adjudication supports stability, protects rights, and reinforces the separation of powers.
“A constitutional court is a cornerstone of the rule of law and the separation of powers. By establishing such a court, this law gives Somalia a clear forum for interpreting its Constitution and resolving disputes among institutions. The court's independence and authority in practice will determine how fully it strengthens constitutional governance.”
, Dr. Abdiwahid Osman Haji, LL.M. (Master of Laws), LL.B. (Bachelor of Laws)
Managing Partner at Mogadishu Law Office
This release is provided for general information and does not constitute legal advice. Professional legal advice should be obtained before acting on any matter discussed here.