Constitution

Iceland 2011 Draft Constitution

Table of Contents

Chapter VI. The judiciary

Article 98. Organisation of the judiciary

The organisation of the judiciary, including levels of court and number of judges, shall be decided by law.

Article 99. Independence of the courts of law

The independence of the courts of law shall be ensured by law.

Article 100. Jurisdictions of the courts of law

The courts of law shall have the final decision on rights and obligations under civil law, as well as guilt of criminal conduct, and decide on the penalty for such conduct.

The courts of law shall decide whether legislation complies with the Constitution.

The courts of law shall decide whether the government has complied with the law. A decision by a government authority cannot be temporarily evaded by referring its lawfulness to a court of law.

Article 101. The Supreme Court of Iceland

The Supreme Court of Iceland is the highest court of the State and it has the final power to resolve any cases brought before the courts of law.

However, it may be decided by law that a separate court should finally resolve disputes on wage contracts and the lawfulness of work stoppages, but in such a manner that any decisions of such a court on sanctions may be referred to other courts of law.

Article 102. Appointment of judges

Judges are persons who are permanently appointed to the office of judge, or acting judges appointed to serve in office for a specified time. The courts of law may hire or summon others to work or serve in the court as provided by law.

Judges are appointed and released from their office by a Cabinet Minister. A judge cannot be discharged permanently from his office except by a judgment and only if the judge no longer fulfils the conditions to hold the office or does not attend to the duties attached to the position.

Article 103. Independence of judges

In the performance of their official duties, judges shall observe only the law.

Article 104. Powers of prosecution and the Director of Public Prosecution

The organisation of the powers of prosecution shall be decided by law.

The Director of Public Prosecutions is the supreme prosecuting authority. In the performance of his official duties, he shall observe only the law.

The Director of Public Prosecutions is appointed and released from his office by a Cabinet Minister. The Director of Public Prosecutions shall work independently and enjoy the same protection as judges in his work.