The Constitutional Court of the Republic of the Congo: a political institution
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It is true that the issue of the nature of a constitutional court leads to the recognition that, like the god Janus, a constitutional court necessarily has a jurisdictional function, the protection of fundamental rights, and a political mission, the regulation of political powers by means of consultation. However, in the Congolese context, the Constitutional Court, like the Congolese justice system in general, is characterised by its allegiance to the political authorities. This is manifested by its lack of boldness in electoral disputes and the undermining of its jurisdiction in the protectio...
It is true that the issue of the nature of a constitutional court leads to the recognition that, like the god Janus, a constitutional court necessarily has a jurisdictional function, the protection of fundamental rights, and a political mission, the regulation of political powers by means of consultation. However, in the Congolese context, the Constitutional Court, like the Congolese justice system in general, is characterised by its allegiance to the political authorities. This is manifested by its lack of boldness in electoral disputes and the undermining of its jurisdiction in the protection of constitutionally guaranteed rights. Finally, the situation described above, unless corrected, makes its politicization prevail at the expense of its jurisdictionalization. Under these conditions, the question arises as to the contribution of such an institution to the establishment of the rule of law and the perpetuation of democratic values.
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