Judiciary

Judiciary

Judiciary

Judiciary

- Constitution of Haiti

Judiciary

Chapter IV
The Judiciary
Article 173:

The Judicial Power shall be vested in the Supreme Court (Cour de Cassation), the Courts of Appeal, Courts of First Instance, Courts of Peace and special courts, whose number, composition, organization, operation and jurisdiction are set by law.

Article 173-1:

Civil rights cases are exclusively the competence of the courts.

Article 173-2:

No court and no jurisdiction in disputed matters may be established except by law. No special court may be established under any name whatever.

Article 174:

Judges of the Supreme Court and the Courts of Appeal are appointed for ten (10) years. Judges of the Courts of First Instance are appointed for seven (7) years. Their term begins at the time they take their oath of office.

Article 175:

Supreme Court justices are appointed by the President of the Republic form a list submitted by the Senate of three (3) persons per court seat. Judges of the Courts of Appeal and Courts of First Instance are appointed from a list submitted by the Departmental Assembly concerned; Justices of the Peace are appointed from a list draw up by the Communal Assemblies.

Article 176:

The law regulates the conditions required for serving as a judge at any level. A School of the Magistrature shall be established.

Article 177:

Judges of the Supreme Court, the Courts of Appeal and the Courts of First Instance are appointed for life. They may be removed from office only because of a legally determined abuse of authority or be suspended following and indictment leveled against them. They may not be reassigned, without their consent, even in the case of a promotion. Their service may be terminated during their term of office only in the event of a duly determined permanent physical or mental incapacity.

Article 178:

The Supreme Court does not try cases on their merits. Nevertheless, in all cases other than those submitted to a jury, when a case between the same parties is tried upon second appeal, even with an incidental plea of defense, the Supreme Court, accepting the appeal, shall not remand the case to a lower court but shall rule on the merits, sitting as a full court.

Article 178-1:

However, in the case of appeals from temporary restraining orders or orders of examining magistrates, grants of appeal pronounced in connection with such orders or from final sentences of the Peace Courts or decisions of special courts, the Supreme Court, admitting the appeal, shall pronounce a decision without remanding the case.

Article 179:

The duties of a judge are incompatible with any other salaried duties, except for education.

Article 180:

Court proceedings are public. However, they may take place in closed session in the interest of public order and good morals, at the decision of the Court.

Article 180-1:

Sentences may not be delivered in closed session in cases of political offenses or offenses involving the press.

Article 181:

All order or judgments shall state the grounds for the decision and shall be handed down in a public hearing.

Article 181-1:

Orders or judgments are delivered and executed in the name of the Republic, They shall include writs of execution to officers of the Public Prosecutor's Office and agents of the police and armed forces. Acts of notaries shall be put in the same form when their compulsory execution is involved.

Article 182:

The Supreme Court rules on both fact and law in all cases of decisions handed down by military courts.

Article 183:

When litigation is referred to it, the Supreme Court, sitting as a full Court, shall rule on the unconstitutionality of the laws.

Article 183-1:

The interpretation of a law given by the Houses of the Legislature shall be imposed for the purpose of that law without retroactively taking away any rights acquired by res judicata.

Article 183-2:

The Courts shall apply Government decrees and regulations only insofar as they are in conformity with the law.

Article 184:

The law determines the jurisdiction of the courts and tribunals, and regulates the manner of preceedings before them.

Article 184-1:

The law also provides for disciplinary penalties to be taken against judges and officers of the Public Prosecutor's Office, except for Supreme Court Justices, who are under the jurisdiction of the High Court of Justice for abuse of authority.

Constitution of Haiti

Republic of Haiti
Territory
Haitian Nationality
Nature of the Citizenship
Basic Rights
Right to life and Health
Individual Liberty
Freedom of Expression
Freedom of Conscience
Freedom of assembly and Association
Education and Teaching
Freedom to Work
Property
Right to Information
Right to Security
Duties of the Citizen
Aliens
National Sovereignty
Territorial Divisions And Decentralization
Communal Sections
Communes
Arrondissements
Departments
Delegates and Vice Presidents
Interdepartamental Council
Legislative Branch
House of Deputies
Senate
National Assembly
Exercise of Legislative Power
Incompatibilities
Executive Branch
President of the Republic
Duties of the President of the Republic
Government
Powers of The Prime Minister
Ministers and Secretaries of State
Judiciary
High Court of Justice
Independent Institutions
Permanent Electoral Council
Superior Court of Auditors
Conciliation Comission
Protection of Citizens
University Academy Culture
Public Finance
Civil Service
Economics and Agriculture
Environment
Family
Armed Forces and the Police Force
Armed Forces
Police Forces
General Provisions
Amendments to the Constitution
Temporary Provisions
Final Provisions
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