Judgment Reviews Law at Yemen
Judicial review in Yemen is constitutionally established but has been significantly compromised due to ongoing conflict and political instability. The Constitution of Yemen, particularly Articles 149 and 153, designates the Supreme Court of the Republic as the highest judicial authority, granting it the power to examine the constitutionality of laws, regulations, and decisions. It also holds jurisdiction over disputes regarding the constitutionality of laws and regulations, as well as appeals from lower courts.
⚖️ Constitutional Framework
The 2015 Constitution outlines the judiciary as an autonomous authority, independent in its judicial, financial, and administrative aspects. It prohibits interference in judicial affairs, considering such actions a punishable crime citeturn0search5. The Supreme Judicial Council (SJC) is responsible for overseeing the judiciary, including the appointment, promotion, and dismissal of judges.
🏛️ Judicial Review Mechanism
The Supreme Court of the Republic is empowered to-
-Judge on cases and pleas that laws, regulations, by-laws, and decisions are not constitutional
-Judge disputes over conflicts of jurisdiction
-Investigate and give opinions regarding appeals referred by the House of Representatives related to its membership
-Rule on appeals of final judgments in civil, commercial, criminal, personal, and administrative disputes and disciplinary cases
-Try the President of the Republic, the Vice President, the Prime Minister, his deputies, ministers, and their deputies according to the law
⚠️ Challenges and Limitations
Despite the constitutional provisions, the judiciary's independence and effectiveness have been severely undermined by the ongoing conflict and political interference In areas controlled by the Houthi authorities, significant reforms have been enacted that compromise judicial independence. In September 2024, the Houthi-controlled House of Representatives approved amendments to the 1991 law on judicial power, introducing a special committee to oversee the functions of the Supreme Judicial Council. This committee, headed by a Houthi official, has been accused of politicizing the judiciary and enabling the appointment of judges based on sectarian and political affiliations, rather than legal qualifications. Additionally, the war has led to the destruction of judicial infrastructure, with many courts ceasing operations and a shortage of basic necessities affecting judicial facilities This deterioration has further eroded the judiciary's capacity to function effectively.
📌 Summary
While Yemen's Constitution provides for judicial review and an independent judiciary, the practical application of these principles has been compromised by political interference, particularly in areas controlled by the Houthi authorities, and by the ongoing conflict that has devastated judicial infrastructur. The judiciary's ability to function independently and uphold the rule of law remains a significant challenge in Yemen's current contex.
RELATED Blog
0 comments