Evaluating fundamental rights in the light of legislative drafting
Between the symbolic function and the effectiveness of the law in Francophone Africa
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Against the backdrop of the legistic approach in the broad sense and positioning itself clearly between the symbolic function and the effectiveness of fundamental rights in their context of insertion in the States of French-speaking Africa, these pages recommend detecting the subtle difference between the symbolic function of fundamental rights, likely to transform mental representations and as a framework notably of communication, interpretation, education, and theoretical, imaginary or illusory goals within these rights. Relying specifically on the principles of effectiveness, proportionalit...
Against the backdrop of the legistic approach in the broad sense and positioning itself clearly between the symbolic function and the effectiveness of fundamental rights in their context of insertion in the States of French-speaking Africa, these pages recommend detecting the subtle difference between the symbolic function of fundamental rights, likely to transform mental representations and as a framework notably of communication, interpretation, education, and theoretical, imaginary or illusory goals within these rights. Relying specifically on the principles of effectiveness, proportionality, equal treatment and rationality or the prohibition of arbitrariness, they suggest going beyond mere words. They therefore suggest that the African legislator and all those working to promote fundamental rights should not give in to the tendency to weaken the normative density of these rights. This naturally makes it possible to go beyond the general or abstract character and not to abdicate to their optimization or concretization. They are thus part of a strategic, efficient rather than spectacular approach.
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