Immunities of elected politicians in Congolese positive law
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1. The purpose of this work is to show that, in view of the fundamental nature of intangible provisions, they cannot be the subject of any constitutional revision. To do otherwise would be detrimental to the very substance and soul of the republican order. But moreover, any constitutional revision affecting the matters prescribed by this article would be an intentional and flagrant violation of the constitution punishable by high treason.2. In a democratic society, citizens participate in the management of public affairs through their elected representatives. In order to enable the latter to c...
1. The purpose of this work is to show that, in view of the fundamental nature of intangible provisions, they cannot be the subject of any constitutional revision. To do otherwise would be detrimental to the very substance and soul of the republican order. But moreover, any constitutional revision affecting the matters prescribed by this article would be an intentional and flagrant violation of the constitution punishable by high treason.2. In a democratic society, citizens participate in the management of public affairs through their elected representatives. In order to enable the latter to carry out their missions properly, the legislator adopts immunities for their benefit, the basis and concepts of which (section I) can be drawn from the nature of their mission. In order to avoid impunity as a matter of right, the legislator has established the procedure for lifting these immunities (section II).
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