Constitutional democracy in Africa: myth or reality?
Analysis of a constitutional democratic culture and the juridicization of political life in the DRC and Burkina Faso
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The present study takes place in the perspective of modern constitutional law, which pursues the objective of framing political power by law and establishing a democratized constitutional state.But African circumstances do not seem to be adapted to this system because of the lack of a democratic and constitutional culture, but also because of the practice of political agreements which, when they have a conflicting relationship with the Constitution, often result in the Constitution being put on the back burner or in the predominance of political arrangements over the law.There is also the prob...
The present study takes place in the perspective of modern constitutional law, which pursues the objective of framing political power by law and establishing a democratized constitutional state.But African circumstances do not seem to be adapted to this system because of the lack of a democratic and constitutional culture, but also because of the practice of political agreements which, when they have a conflicting relationship with the Constitution, often result in the Constitution being put on the back burner or in the predominance of political arrangements over the law.There is also the problem of the independence of the judiciary, which has yet to be conquered and which does not favor the emergence of a state governed by law.To solve this situation we propose- the interiorization of a democratic and constitutional culture through the creation of organs to support constitutional democracy;- the Constitutionalization of political agreements through the legalization and jurisdictionalization of this phenomenon- And finally, guarantees for the independence of the Constitutional justice and the support of the people.
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