American House of Mashruteh
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Powers of the Tribunals of Justice

ART. 71. The Supreme Ministry of Justice and the judicial tribunals are the places officially destined for the redress of public grievances, while judgment in all matters falling within the scope of the Ecclesiastical Law is vested in just mujtahids possessing the necessary qualifications.

ART. 72. Disputes connected with political rights belong to the judicial tribunals, save in such cases as the Law shall except.

ART. 73. The establishment of civil tribunals depends on the authority of the Law, and no one, on any title or pretext, may establish any tribunal contrary to its provisions.

ART. 74. No tribunal can be constituted save by the authority of the Law.

ART. 75. In the whole Kingdom there shall be only one Court of Cassation for civil cases, and that in the capital; and this Court shall not deal with any case of first instance, except in cases in which Ministers are concerned.

ART. 76. All proceedings of tribunals shall be public, save in cases where such publicity would be injurious to public order or contrary to public morality. In such cases, the tribunal must declare the necessity of sitting clausis foribus.

ART. 77. In cases of political or press offences, where it is desirable that the proceedings should be private, this must be agreed to by all the members of the tribunal.

ART. 78. The decisions and sentences emanating from the tribunals must be reasoned and supported by proof, and must contain the articles of the Law in accordance with which judgment has been given, and they must be read publicly.

ART. 79. In cases of political and press offences, a jury must be present in the tribunals.

ART. 80. The presidents and members of the judicial tribunals shall be chosen in such manner as the laws of justice determine, and shall be appointed by Royal Decree.

ART. 81. No judge of a judicial tribunal can be temporarily or permanently transferred from his office unless he be brought to judgment and his offence be proved, save in the case of his voluntary resignation.

ART. 82. The functions of a judge of a judicial tribunal cannot be changed save by his own consent.

ART. 83. The appointment of the Public Prosecutor is within the competence of the King, supported by the approval of the ecclesiastical judge.

ART. 84. The appointment of the members of the judicial tribunals shall be determined in accordance with the Law.

ART. 85. The presidents of the judicial tribunals cannot accept salaried posts under government, unless they undertake such service without recompense, always provided that [in this case also] there be no contravention of the Law.

ART. 86. In every provincial capital there shall be established a Court of Appeal for dealing with judicial matters in such wise as is explicitly set forth in the laws concerning the administration of justice.

ART. 87. Military tribunals shall be established throughout the whole Kingdom according to special laws.

ART. 88. Arbitration in cases of dispute as to the limitations of the functions and duties of the different departments of government shall, agreeably to the provisions of the Law, be referred to the Court of Cassation.

ART. 89. The Court of Cassation and other tribunals will only give effect to public, provincial, departmental and municipal orders and bye-laws when these are in conformity with the Law.

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