Judicial Review and Democratization in Francophone West Africa: The Case of Burkina Faso

Anne Winter

doi:10.5771/0506-7286-2018-2-140

Contents
- Chapter Expand | CollapseAuthorsPage
- 131–132 Titelei/Inhaltsverzeichnis 131–132
- 133–239 Special Issue: Judicial review and democratization in francophone West Africa 133–239
  - 133–139 Judicial review and democratization in francophone West Africa Lisa Heemann, Chadidscha Schoepffer, Anne Winter Lisa Heemann, Chadidscha Schoepffer, Anne Winter 133–139
  - 140–165 Judicial Review and Democratization in Francophone West Africa: The Case of Burkina Faso Anne Winter Anne Winter 140–165
  - 166–190 Judicial Review and Democratization in Francophone West Africa: The Case of Mali Lisa Heemann Lisa Heemann 166–190
  - 191–215 Judicial Review and Democratization in Francophone West Africa: The Case of Senegal Chadidscha Schoepffer Chadidscha Schoepffer 191–215
  - 216–239 Judicial Review and Democratization in Francophone West Africa: The Case of Benin Kangnikoé Bado Kangnikoé Bado 216–239
- 240–287 Abhandlungen / Articles 240–287
  - 240–268 Lessons from the Al-Bashir Debacle: Four Issues for ICJ Clarification Lilian Chenwi, Franziska Sucker Lilian Chenwi, Franziska Sucker 240–268
  - 269–287 Understanding the Rule of Law in Africa through the lens of the African Commission on Human and Peoples Rights’ interpretation on the right to development in Africa. Funmi Abioye Funmi Abioye 269–287
- 288–291 Buchbesprechungen / Book Reviews 288–291
  - Olaf Köndgen, The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr, Studies in Islamic Law and Society, Volume 43, Brill, Leiden, 2018, 480 pages,149 Euro, ISBN 978-90-04-34743-4
- 292–300 Bibliographie / Bibliography 292–300
  - 292–292 RECHT UND ENTWICKLUNG ALLGEMEIN / LAW AND DEVELOPMENT IN GENERAL 292–292
  - 292–293 AFRIKA /AFRICA 292–293
  - 294–295 ASIEN /ASIA 294–295
  - 296–297 LATEINAMERIKA / LATIN AMERICA 296–297
  - 298–300 NAHER UND MITTLERER OSTEN / NEAR AND MIDDLE EAST 298–300
- 301–301 Call for Papers 301–301
- 302–302 Impressum 302–302
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VRÜ Verfassung und Recht in Übersee , page 140 - 165

Judicial Review and Democratization in Francophone West Africa: The Case of Burkina Faso

Autoren

Anne Winter

DOI
- doi.org/10.5771/0506-7286-2018-2-140
- ISSN: 0506-7286
- ISSN online: 2941-9603
Abstract

The Constitutional Council of Burkina Faso has exclusive jurisdiction in constitutional matters. Since 2000 Burkina Faso has a model of centralized review by a specialized Constitutional Council, dispensed separately from, and outside the regular judiciary. It has taken the place of the former Constitutional Chamber of the Supreme Court within a unified court system. The Council, based largely on the French model, is composed of nine counselors, each appointed for a nine-year, non-renewable term, as well as a president. According to Title XIV of the Constitution, the Council reviews exclusively the constitutionality of bills, interprets the Constitution, regulates constitutional limitations of competence and stands as an electoral tribunal. In 2012 a series of constitutional amendments was passed in Burkina Faso, changing key features and reforming the Council in theory. Nevertheless, there has been a real doubt about the question whether the Constitutional Council is the key institution of the rule of law for Burkinabé and a contributor to the consolidation of the democratization in the country in the last decade. The existence of the ultra-majority political party of the former president Compaoré detaining the influence on appointing members of the Council, the imbalance of the repartition of competences and the citizens’ powerlessness, because the procedure of referring to the Council is only open to political forces, are some reasons. The Council was often considered a plaything of different interests within the political forces in the country and less as an institutional counterweight to arbitrary political power. When attempts to change the constitution to allow for another presidential re-election caused a popular uprising in October 2014, which removed the former president from power, the Constitutional Council played only a marginal role.
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