n African Journal of Democracy and Governance - Réponses pénales au discours du désordre ou au désordre du discours constitutionnel en République Démocratique du Congo : La Cour Constitutionnelle à l'épreuve

Volume 1, Issue 2_3
  • ISSN : 2313-6529


The "disorder of the discourse" of constitutional law has never been as much worrying as nowadays when some African heads of state intend to amend or change the constitutions of their countries in order for them to remain in power beyond the constitutional terms. As under the military or one party regime, some studies have been commissioned and some constitutional scholars advocating a "constitutional law of the belly" have been requisitioned to clean the "dishes" and are already busy at work. In the DRC, for instance, people have been taught that "to amend the Constitution (including its intangibles provisions prohibiting a presidential third term), is also to respect it" as if "to rape his own mother (the Constitution is the mother of all our laws) would be tantamount to proving his maternal love". It is therefore not surprising that criminal law and criminal lawyers have found themselves duty bound to intervene and end with what appears to be a betrayal or a resignation of a number of African constitutional lawyers. Criminal law responses are constitutional and also challenge the newly appointed members of the Constitutional Court at a time when many wonder whether they will be able to discharge their duty to uphold the Constitution and protect human rights independently, without fear or favour to the President and the ruling coalition.

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