n African Journal of Democracy and Governance - Problématique de l'Etat et de sa refondation en Afrique : cas de la République Démocratique du Congo

Volume 2, Issue 1_2
  • ISSN : 2313-6529


The state is a legal concept that is generally defined as an entity consisting of a population, a territory, a government and such an entity should be independent or sovereign in the conduct of its domestic and international affairs. A modern state is also based on the rule of law, which entails that any institution or individual in the state is subject to the law with the constitution being considered the supreme law of the land.

The article briefly reflects on the state and the rule of law in Africa with specific reference to the Democratic Republic of Congo. It argues that there is no state without a constitution which should therefore be added as a component of statehood. This is one of the problems that this African State has been facing since independence. To end with its on-going crisis, constitutionalism, democracy and respect for human rights should become its founding values,

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