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The Judicial Power
The Constitution makes provision for an independent Judiciary vested with judicial
powers. The judiciary cannot discriminate on any grounds whatsoever, it is subjected
only to the Constitution and the other laws of Seychelles. Legal Aid is provided, as of
a right, where a law so provides and at public expense, on the basis of tested need.
The Judiciary consists of:
9
The Court of Appeal;
9
The Supreme Court; and
9
Other subordinate Courts or Tribunals.
The Supreme Court functions as a Constitutional Court in matters related to the
application and interpretation of the Constitution.
The Constitution makes provision (Chapter IX), for an independent, Constitutional
Appointments Authority, mandated to select and recommend, to the Executive,
appointments of
Judges, Offices of the Attorney General, Auditor General,
Ombudsman and Electoral Commissioner. The Authority comprises of members
nominated by both Opposition and Government. The removal of a Justice of
Appeal or Judge from office for inability or misbehaviour shall be the consequence
of a Presidential decision, based on a recommendation made by an “ad hoc”
Tribunal appointed by the Constitutional Appointments Authority to inquire into the
matter (Chapter VII, Cap 143(3)).
3.
Legal System