TITLE VIII. OF THE JUDICIAL POWER
Article 124
The Judicial Power is confided in the judges; it is exercised on all the territory of Burkina Faso by the jurisdictions of the judicial order and of the administrative order determined by the law.
Article 125
The Judicial Power is the guardian of the individual and collective liberties.
It sees to the respect for the rights and freedoms defined in this Constitution.
Article 126
The jurisdictions of the judicial order and of the administrative order of Burkina Faso are:
- the Court of Cassation;
the Council of State; the Court of Accounts; the Tribunal of Conflicts; the courts and the tribunals instituted by the law;
These jurisdictions apply the law in force.
Article 127
The Court of Cassation is the superior jurisdiction of the judicial order.
The Council of State is the superior jurisdiction of the administrative order.
The Court of Accounts is the superior jurisdiction of control of the public finances.
The Tribunal of Conflicts is the jurisdiction of regulation of the conflicts of competence between the jurisdictions.
An organic law establishes the composition, the organization, the attributions, [and] the functioning of these jurisdictions, as well as the procedure applicable before them.
Article 128
The law establishes the seat, the jurisdiction, the competence and the composition of courts and of the tribunals.
Article 129
The judicial power is independent.
Article 130
The presiding magistrates [magistrates du siege] are only submitted[,] in the exercise of their functions[,] to the authority of the law. They are not removable.
The prosecuting magistrates [magistrates du parquet] are submitted to the law and to the authority of the heads of prosecution [chefs de parquet]. They are appointed and assigned within the same conditions as the presiding Magistrates.
Article 131
The President of Faso is the guarantor of the independence of the judicial power.
As such, he presides over[,] each year, in the course of the month of November, a meeting [rencontre] with the members of the Superior Council of the Magistrature to discuss the questions related to the re-enforcement of the independence of the judicial power.
An extraordinary meeting may always be held as need be.
Article 132
The first President of the Court of Cassation is the president of the Superior Council of the Magistrature.
The first President of the Council of State is [its] vice president.
Article 133
The Superior Council of the Magistrature gives its opinion on any question concerning the independence of the magistrature and on the exercise of the right of pardon.
An organic law establishes the organization, the composition, the attributions and the functioning of the Superior Council of the Magistrature.
Article 134
The Superior Council of the Magistrature decides on the appointments and on the assignments of the magistrates.
Article 135
An organic law establishes the status of the magistrature with respect for the principles contained in this Constitution.
It provides for and organizes the guarantees and the independence of the magistrature.
Article 136
Hearings in all the courts and in all the tribunals are public. The closed hearing is only allowed in the cases defined by the law.
The decisions of the jurisdictions are substantiated, except in the cases where the law provides otherwise for it.
