Constitutional judges and elections in West Africa
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The specific aim of the new constitutionalism in Africa, it is said, was to establish strong institutions that would help to root the various countries in democratic practice. This was achieved by establishing and giving pride of place to constitutional councils and courts. In reality, constitutional councils and courts are not only institutions responsible for ensuring compliance with the constitution, in particular by monitoring the constitutionality of laws and ensuring respect for fundamental rights. But beyond this primary function, these institutions have been given the power to regulate...
The specific aim of the new constitutionalism in Africa, it is said, was to establish strong institutions that would help to root the various countries in democratic practice. This was achieved by establishing and giving pride of place to constitutional councils and courts. In reality, constitutional councils and courts are not only institutions responsible for ensuring compliance with the constitution, in particular by monitoring the constitutionality of laws and ensuring respect for fundamental rights. But beyond this primary function, these institutions have been given the power to regulate and validate presidential elections. But this is without taking into account the fact that, once created, they follow a path determined by their initial logic and become, as it were, independent variables once again. In so doing, they structure subsequent political choices over very long periods, even when they prove to be ill-suited to their environment.
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