Intangibility of certain constitutional provisions
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It is known to all informed lawyers that on the basis of Article 215 of the Congolese Constitution of 18 February 2006, international treaties and agreements regularly concluded have, from the time of their publication, an authority superior to that of the laws, subject to the application of each treaty or agreement by the other party. Since the Congolese State gained its independence, it has ratified many international treaties and agreements, but those that have higher authority than laws are indeed those whose ratification procedure has been strictly respected.It is in this sense that the c...
It is known to all informed lawyers that on the basis of Article 215 of the Congolese Constitution of 18 February 2006, international treaties and agreements regularly concluded have, from the time of their publication, an authority superior to that of the laws, subject to the application of each treaty or agreement by the other party. Since the Congolese State gained its independence, it has ratified many international treaties and agreements, but those that have higher authority than laws are indeed those whose ratification procedure has been strictly respected.It is in this sense that the constitution, which is the mother of laws, evokes in its provisions the aspect of regularity. Having always a look at our internal legislation, our attention is much more fixed on the provisions of Article 16 of the Congolese Constitution of February 18, 2006As amended by Law No. 11/002 of January 20, 2011 on the revision of certain articles of the Constitution which provides that The human person is sacred. The State has the obligation to respect and protect it.
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