Judgment Reviews Law at Mali

Mali's legal system incorporates judicial review through its Constitutional Court and Supreme Court, each playing distinct roles in ensuring laws and governmental actions align with constitutional principles.

⚖️ Constitutional Court of Mali

Established: 1994; formalized in the 2023 Constitution.

Composition: 9 members serving 7-year, non-renewable terms. Appointed as follows:

2 by the President of the Republic

1 by the President of the National Assembly

1 by the President of the Senate

2 by the High Council of the Judiciar

2 law professors designated by university rectors

1 by the Bar Association

Functions:

Reviews the constitutionality of laws and international agreements.

Ensures the protection of fundamental rights and freedoms.

Acts as the regulatory body for institutional operations and public authority activities.

Decisions are final and binding, with no recourse.

🏛️ Supreme Court of Mali

**Established:**

**Structure:**Comprises three sections: judicial, administrative, and accounts

Role:

Serves as the highest appellate court, ensuring uniform interpretation and application of laws

Handles appeals from lower courts, including the Court of Appeal and regional courts

Interprets laws and sets legal precedent

-Oversees the application of laws by lower courts and administrative bodies

⚠️ Challenges and Political Context

Mali's judiciary faces significant challenges, including political interference, corruption, and limited public trust A 2014 survey indicated that 56% of Malians perceive most judges as corrupt, the highest among 36 surveyed countries Additionally, only 45% expressed trust in the courts, below the West African average of 48%  The political landscape has further complicated the judiciary's roleSince the 2020 coup, followed by a second in 2021, the military junta has suspended political activities, leading to appeals from political parties and civil society organizations seeking judicial intervention to annul such decrees 

📌 Key Takeaways

*Constitutional Oversight: The Constitutional Court ensures laws and international agreements comply with the Constitutio.

*Judicial Review: The Supreme Court interprets and applies laws, serving as the highest appellate bod.

*Independence Concerns: The judiciary faces challenges related to political influence and public trus.

 

LEAVE A COMMENT

0 comments