La morale dans l’office du juge constitutionnel en Afrique francophone

The pacification role of the political debate that the constitutional judge should play in French-speaking Africa is still uncertain. Criticized for his alleged proximity to political power, the African constitutional judge in his office is sometimes forced to resort to moral rule. This contribution transcends the debate about the normative power of the judge to assess the scope of the moral rule on constitutional court decisions. On the one hand, it is a question of analyzing the fabric of judicial decisions in the light of morality. This analysis deals respectively with the occurrences of morality in the decision of the constitutional court and the circumstances of the use of morality in ordinary case law. It reveals the prudence with which the judge, constitutional or ordinary, summons morality in his office. On the other hand, it is noted in the convocation of morality in the office of the judge, a transformation of the praetorian function. The African constitutional judge turns into a competing legislative power, sometimes leading to legal uncertainty. Finally, this reflection opens on the question of the moralization of the political life in Africa and notes that the office of the judge is confronted with the myth of the government of the judges.

Title: La morale dans l’office du juge constitutionnel en Afrique francophone
Author: Lawson, H. N’sinto A.T.
Year: 2019
Periodical: Recht in Afrika = Law in Africa = Droit en Afrique (ISSN 2363-6270)
Volume: 22
Issue: 1
Pages: 43-76
Language: French
Geographic term: French-speaking Africa
Subject: law
External link: https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6270-2019-1-43
Abstract: The pacification role of the political debate that the constitutional judge should play in French-speaking Africa is still uncertain. Criticized for his alleged proximity to political power, the African constitutional judge in his office is sometimes forced to resort to moral rule. This contribution transcends the debate about the normative power of the judge to assess the scope of the moral rule on constitutional court decisions. On the one hand, it is a question of analyzing the fabric of judicial decisions in the light of morality. This analysis deals respectively with the occurrences of morality in the decision of the constitutional court and the circumstances of the use of morality in ordinary case law. It reveals the prudence with which the judge, constitutional or ordinary, summons morality in his office. On the other hand, it is noted in the convocation of morality in the office of the judge, a transformation of the praetorian function. The African constitutional judge turns into a competing legislative power, sometimes leading to legal uncertainty. Finally, this reflection opens on the question of the moralization of the political life in Africa and notes that the office of the judge is confronted with the myth of the government of the judges.