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THE ADMINISTRATION OF JUSTICE

Article 48 The Judiciary

The judicial power shall be vested in a Supreme Court and in such other lower courts as shall be established by law and shall be exercised in the name of the people pursuant to this Constitution and laws issued thereunder.
In exercising their judicial power, courts shall be free from direction, control and supervision of any person or authority. Judges shall be subject only to the law, to a judicial code of ethics determined by law and to their conscience.
A person exercising judicial power shall not be liable to any suit for any act or omission in the course of exercising that judicial power.
All organs of the State shall accord to the courts such assistance as they may require to protect their independence and dignity so that they may exercise their judicial power appropriately and effectively pursuant to the provisions of this Constitution and laws issued thereunder.

Article 49 The Supreme Court

The Supreme Court shall be the court of last resort; and shall be presided by the Chief Justice.
The Supreme Court shall have the power of:
a. sole jurisdiction of interpreting this Constitution and the constitutionality of any law enacted or any measure undertaken by government;
b. sole jurisdiction of hearing and adjudicating upon charges against a President who has been impeached by the National Assembly pursuant to the provisions of Sub-Article 6 (a) and (b) of Article 41 hereof; and c) hearing and adjudicating cases appealed from lower courts pursuant to law.
The organisation and operation of the Supreme Court shall be determined by law.
The tenure of justices of the Supreme Court shall be determined by law.

Article 50 Lower Courts

The organisation, jurisdiction and the procedures of lower courts and the tenure of their judges shall be determined by law.

Article 51 Oath

Every judge shall take the following oath: "I, ..., swear in the name of the Eritrean martyrs that I will adjudicate in accordance with the provisions of the Constitution and laws enacted thereunder and I will exercise the judicial authority vested in me, subject only to the law and my conscience, without seeking or being enticed by any private gain."

Article 52 Removal of Judges from Office

A judge may be removed from office before the expiry of his tenure of office by the President only, acting on the recommendation of the Judicial Service Commission, pursuant to the provisions of Sub-Article 2 of this Article for physical or mental incapacity, violation of the law or judicial code of ethics.
The Judicial Service Commission shall investigate whether or not a judge should be removed from office on grounds of those enumerated in Sub-Article 1 of this Article. In case the Judicial Service Commission decides that a judge should be removed from office, it shall present its recommendation to the President.
The President may, on the recommendation of the Judicial Service Commission, suspend from office a judge who is under investigation.

Article 53 The Judicial Service Commission

There shall be established a Judicial Service Commission, which shall be responsible for submitting recommendations for the recruitment of judges and the terms and conditions of their services.
The powers, organization and duties of the Judicial Service Commission shall be determined by law.