The legislative function of the constitutional judge in Black Africa
A proven function
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In French-speaking black Africa, the constitutional judge, through his or her supervisory instruments, exercises a legislative function that transcends the traditional powers accorded to him or her by the constitution. This new configuration of constitutional justice, observed in the countries sampled, consolidates democracy and the rule of law. The aim of this study is to show that the guardian of the constitutional temple, through his praetorian practices, has undeniably become a jurisdictional legislator. In a scientific approach, the study focuses on the methods and techniques of interpret...
In French-speaking black Africa, the constitutional judge, through his or her supervisory instruments, exercises a legislative function that transcends the traditional powers accorded to him or her by the constitution. This new configuration of constitutional justice, observed in the countries sampled, consolidates democracy and the rule of law. The aim of this study is to show that the guardian of the constitutional temple, through his praetorian practices, has undeniably become a jurisdictional legislator. In a scientific approach, the study focuses on the methods and techniques of interpretation used by the constitutional judge to demonstrate his enunciation of legislative rules. The result is that, in the French-speaking world, the judge's boldness makes him a fine legislator. However, he must moderate his legislative power if he is not to be called a judge who governs.
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