n African Journal of Democracy and Governance - Inconstitutionnalité d'un troisième mandat présidentiel : leçons de la Cour constitutionnelle du Bénin à d'autres Cours constitutionnelles africaines

Volume 1, Issue 4
  • ISSN : 2313-6529


Over the past years, African countries embarked on the road to constitutionalism and democracy by adopting constitutions providing for the rule of law and by organising competitive elections held after decades of authoritarian rule. In countries such as Benin, Burundi, Congo and the Democratic Republic of Congo, the Constitution limits the maximum number of presidential terms of office to two. However, some leaders have been engaged in constitutional and political manipulations in order to run for a third term or indefinitely in violation of the Constitution that they got approved by referendum. In some countries, the Constitutional Court was established and especially mandated to protect and defend the Constitution. The Constitutional Court of Benin has been particularly active in the promotion of constitutionalism as illustrated by its recent decisions that declared unconstitutional the statements by a member of government and an open letter by an ordinary citizen inviting the President to change the Constitution in order to run for a third term. The article analyses these decisions and argues that they should inspire other African Constitutional Courts, judges and citizens.

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