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The current judiciary of Niger was established with the creation of the Fourth Republic in 1999. The constitution of December 1992 was revised by national referendum on 12 May 1996 and, again, by referendum, revised to the current version on 18 July 1999. It is an inquisitorial system based on the Napoleonic Code, established in Niger during French colonial rule and the 1960 constitution of Niger. The Court of Appeals reviews questions of fact and law, while the Supreme Court reviews application of the law and constitutional questions. The High Court of Justice (HCJ) deals with cases involving senior government officials. The justice system also includes civil criminal courts, customary courts, traditional mediation, and a military court.〔(Niger:Système judiciaire ). NIGER Situation institutionnelle. Sory Baldé, CEAN, IEP-Université Montesquieu-Bordeaux IV (2007) Accessed 2009-04-13〕 The military court provides the same rights as civil criminal courts; however, customary courts do not. The military court cannot try civilians.〔(2008 Human Rights Report: Niger ) in 2008 Country Reports on Human Rights Practices. United States Bureau of Democracy, Human Rights, and Labor. (February 25, 2009) As a publication of the United States Federal Government, this report is in the Public Domain. Portions of it may be used here verbatim.〕 ==Judicial structure== Niger's independent judicial system is composed of four higher courts — the Court of Appeals, the Supreme Court, the High Court of Justice and the Court of State Security — as well as lower criminal, civil and appeals courts. *The Supreme Court of Niger is the highest judicial body of the State in administrative, judicial and financial matters. The Supreme Court hears cases appealed from lower civil and criminal courts, it only rules on the application of the law and constitutional questions: the lower Courts of Appeals may decide appeals on questions of fact and law.〔(Niger:A Comparative Criminology Tour of the World ). Dr. Robert Winslow. San Diego State University. Accessed 2009-04-13〕 *The Court of Appeals of Niger, one in each of Niger's eight regions, reviews questions of fact and law in criminal and civil law, and rulings may be appealed to the Supreme Court of Niger.〔 *The Constitutional Court of Niger has jurisdiction over constitutional and electoral matters, and is a provisionally organised court, what the French legal system terms a ''フランス語:cour d'exception''. It is responsible for ruling on the constitutionality of laws and ordinances, as well as compliance with international treaties and agreements. The Court includes seven members. These seven members are chosen for six-year terms, renewable for two-year terms thereafter. The president of the court is chosen by the other member for three years. They are not removable. They must include certain professions chosen by certain institutions, and nominated by the President〔According to the Constitution, these are: * Two professionals "of great experience", one chosen the Assembly, one by the President; * Two magistrates, elected by their peers; * One ''フランス語:avocat'' (criminal lawyer) elected by his/her peers; * One law professor of doctorate standing, elected by their peers; * One representative of the Association for the Defense of Human Rights, chosen by that organisation; In May 2009, the members were: Salifou Fatimata Bazeye (''フランス語:président''), Oumarou Yayé (''フランス語:vice-président''), Karimou Hamani, Mahamane Boukari, Aboubacar Maïdoka, Oumarou Ibrahim, Abdoulaye Diori Kadidiatou Ly; with recording secretary Daouda Fatima. *(AVIS n° 02/CC du 25 mai 2009 de la Cour Constitutionnelle ). Presented by PRESIDENT: Mme SALIFOU Fatimata BAZEYE and GREFFIER: Mme DAOUDA Fatima. 26 May 2009. 〕 It may be called upon to provide rulings by certain constitutional triggers (elections, referendum, constitution revision) or by the request of the President, the Speaker of the National Assembly, or by the vote of one-fifth of the members of the national assembly. When called upon to give binding rulings it is the final arbiter, and rulings must be carried out in 30 days.〔(Articles 103-115 ).〕 Most recently it came into prominence when required to offer a non-binding ruling of President Mamadou Tandja's plan for a referendum on a new constitution. Its opposition, presented on 26 May 2009, triggered the President's dismissal of the National Assembly.〔(Niger court says third-term referendum unlawful ). Reuters. May 26, 2009〕〔(La Cour constitutionnelle du Niger s’oppose au projet de changement de constitution ) APA News. 25 May 2009.〕 *Crimes or misdemeanors committed by government officials in the exercise of their office are tried in the High Court of Justice, a ''フランス語:cour d'exception''. This court is composed of seven deputies elected from within the National Assembly on a provisional basis, and organised and instructed by the Supreme Court of Niger.〔(Niger: une juridiction d'exception jugera l'ex-Premier ministre ). AFP. 9 April 2009.〕 *The State Security Court, established under the rule of Seyni Kountché in the 1970s is a military court for trying offenses committed by the military and police, but also enabling the military of Niger to try civilians accused of crimes touching upon state secrets, defense, espionage, or internal security. The closing of the court was one of the first acts of the 1991 National Assembly, which led to the Third Republic.〔Myriam Gervais. Niger: Regime Change Economic Crisis and Perpetuation of Privilege. pp. 86-108. Political Reform in Francophone Africa, Ed. John Frank Clark, David E. Gardinier. Westview Press (1997) ISBN 0-8133-2786-5〕 In 2007, some elements of the court were reestablished, but it may no longer try civilians.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Judiciary of Niger」の詳細全文を読む スポンサード リンク
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