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Judicial Review of Administrative Action in The Somali Republic
Published online by Cambridge University Press: 28 July 2009
Extract
The Constitution of the Somali Republic provides that:“Administrative acts contrary to law…may be invalidated on the initiative of the interested parties in accordance with the provisions of the Constitution.”2
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- Copyright © School of Oriental and African Studies 1966
References
2 Constitution, Art. 5 (2).
3 The Somali Republic is composed of the former Trust Territory of Somalia and the former British Somaliland Protectorate.
page 10 note 1 The Consiglio di Stato in Italy is the highest administrative organ. It consists of a President, seven Presidents of Sections, 52 Counsellors, five First Referendary and six Referendary. The Consiglio di Stato is divided into six Sections: three perform the advisory function as to matters of all the Government Departments; the other three exercise judicial control over administrative acts.
page 11 note 1 Constituent Assembly Proceedings, p. 5, Vol. V, No. 35 of June 14th, 1960.
page 12 note 1 G., Zanobini, Corso di diritto amministrativo, Vol. I, 9th Edn., p. 151.Google Scholar
page 12 note 2 Serio Galeotti, The Judicial Control of Public Authorities in England and in Italy, 1954. PP. 14. 15.
page 12 note 3 See Judgment of the Supreme Court delivered on July 2nd, 1964, by Dr. Haji, N.A. Noor Muhammad, J. The facts of the case will be discussed later.
page 13 note 1 Constitution, Art. 59:
”1. The Supreme Court shall have jurisdiction over petitions challenging the qualifications of deputies.
2. Petitions stating the grounds thereof may be filed by any citizen who is a voter within thirty days of the proclamation of the electoral results or of the occurrence of the cause of incompatibility or ineligibility.“
page 13 note 2 See p. 12, note 3.
page 14 note 1 Constitution, Art. 78 (1).
page 14 note 2 Ibid., Art. 78 (2).
page 14 note 3 Law on the Organization of the Government, No. 14 of June 3rd, 1962, as amended by Decree-law No. 1 of February 7th, 1965.
page 14 note 4 Constitution, Art. 83; Decree-law No. 1 of February 7th, 1965, Art. 3.
page 14 note 5 Decree-law No. 1 of February 7th, 1965, Art. 3 (3). There are at present three Ministers of State in charge of Somali Affairs, Personnel Directorate and Planning respectively.
6 Constitution, Art. 79.
7 Decree-law No. 1 of February 7th, 1965, Art. 3 (4).
page 14 note 6 D.P.R. No. 316 of December 17th, 1962, Art. 3.
page 14 note 7 Ibid., Art. 4.
page 14 note 8 Ibid., Art. 5.
page 14 note 10 There are at present 57 Districts.
page 14 note 11 Constitution, Art. 86.
page 14 note 12 Law No. 19 of August 14th, 1963.
page 14 note 13 Ibid., Arts. 1 and 2.
page 15 note 1 Rules of Procedure of the Court of Justice, approved by Administrative Decree No. 29 of February 24th, 1956.
page 16 note 1 Political Elections Law (Law No. 4 of January 22nd, 1964), Art. 51.
page 16 note 2 See p. 12, n. 3.
page 16 note 3 See Judgment of the Supreme Court dated April 22nd, 1965, in Administrative Petition No. 7 of 1965.
page 17 note 1 Constitution, Art. 76 (2).
page 17 note 2 Law on the Organization of the Judiciary, 1962, Art. 10 (4).
page 17 note 3 Article 33 (4) of the Law on the Organization of the Judiciary provides that “the procedure in force in the Supreme Court shall continue to apply insofar as it is compatible with the provisions of the Constitution and this law”.
page 17 note 4 Law on the Organization of the Judiciary, 1962, Art. 11 (4).
page 17 note 5 Ibid.
page 18 note 1 Rules of Procedure of the Court of Justice, approved by Decree No. 29 of February 24th, 1956, Art. 68.
page 18 note 2 Ibid., Art. 69. 1 Ibid., Art. 72.
page 18 note 3 Law on the Organization of the Judiciary, 1962, Art. 10 (4).
page 18 note 4 See Judgment of the Supreme Court dated July 9th, 1964, delivered by Dr. Giuseppe PAPALE, Acting President.
page 19 note 1 See Judgment of the Supreme Court delivered on March 7th, 1964; see “The Rule of Law in the Somali Republic”, by the author, (1964) J. I.C.J. Vol. V, No. a, pp. 286–288.