Dissertations / Theses on the topic 'Pouvoir constituant – Afrique francophone'
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Taghedjo, Kankeu Joseph. "Le pouvoir constituant dans l'élaboration des nouvelles constitutions des pays d'Afrique noire francophone : contribution à l'étude des systèmes politiques et constitutionnels africains." Université Robert Schuman (Strasbourg) (1971-2008), 1998. http://www.theses.fr/1998STR30022.
Full textHe outline of a difficult social and political context gave rise to a political and legal lever that helped to wipe out institutions and even political leaders. The unanimity which, since the arrival of independance through standardization has always considered society as an ideal reality, disembodied, purged from being it, and even from existence, found itself since the end of the 1980s, at demands for its destruction on one hand and for establishment of democratic pluralism on the other. The national sovereign conference provided the framework for this regulation of state crisis. It was organised in seven countries ( Benin, Togo, Congo-Brazzaville, Congo-Kinshasa, Tchad, Niger and Mali ) underlined in our study. It consulted the history of these countries and proceded to institutional and political changes in elaborating the new constitutions. The delegates at this national sovereign conference were not elected. This therefore on the side of the legal procedure posed problem. There is in fact usurpation of the sovereignty of the people even the constitutional referendums organised to allow the people to ratify the constitutional texts have acheived nothing, especially since these referendums were originally devised by plebiscites to legitimise the transitional governments resulting from the national sovereign conferences
Diop, Ibrahima. "L'exécutif dualiste dans les Etats d’Afrique noire francophone : Etude de la problématique du partage du pouvoir exécutif." Clermont-Ferrand 1, 1998. http://www.theses.fr/1998CLF10203.
Full textIn francophone black african states, the primacy of the executive power is establish. There is a question the comes up regarding dualistic or two- headed executive, that is, shared between a president and a prime minister. Is such an executive an inevitable way to a dyarchy ? Is one of the two components of governement apparatus bonnd to utterly dependant on the other ? In modem political regimes a two-headed executive is considered as a basic feature of the parliamentary system. However, in francophone black african states, this mode of government has been experienced not only in regimes defined as parliamentary, but in regimes openly presidential as well. Nevertheless, from the independences to the democratic wave of the 90's, any form of political regime experimented has ever led to fair division of the executive power. Either the regime failed to be a parliamentary one and the dualistic executive became a dyarchy, or it became presidentialistic with an executive in which the prime minister was being under command of president. Or eventually, the regime was controlled by an assembly turning the president into an + accessory ; and the prime minister subjected to the supervision of the assembly. In view of these cases our purpose is to suggest a new form of dualistic executive matching african realities. A form whose success neccesarily depends on the the adoption of highly decentralised pplitical regimes giving great importance to regional executives, compelled to have freaker awareness of the people's expectations. These regional executives will be given actual power to initiate local policies in response to the population's ordinary neeeds. Conflicts of competences between the president and the prime minister, common at the head of centralised state of the jacobin kind for instance, would be avoided. The entire population would be involved in the exercice of power in order to let none of it part feel estranged from it and get into identity claims in reaction. A central executive will remain in our new dualism but with a main feature : as with the head of state whose prerogative would be redifined, the prime minister would play an actual and important role. The prime minister would be henceforth in charge of the executive power, engaging his responsability in his decisions as opposed to the president protected by presidential irresponsability
Boko, Akila-Esso François. "La problématique prétorienne dans la construction de l'Etat de droit en Afrique noire francophone." Paris 1, 1997. http://www.theses.fr/1997PA01A004.
Full textPangou-Taty, Alphonse. "La transposition de la justice administrative française dans les pays d'Afrique noire francophone." Paris 12, 2004. http://www.theses.fr/2004PA122005.
Full textThe present work concerns the adaptation of French administrative justice in a some countries of Sub-Saharan Africa. The problem I deal with is about the control over the submission of the civil service to law by abuse of power recourse. If the principle of legality is the translation of constitutional state requirements, the liability principle is another way to claim tower state that is not above the laws. As the role of the civil service has increased in a considerable way, it is now abslutely necessary to protect citizens against consequences of this phenomen which is not new. The first role played by the administrative judge is to guarantee the "miracle" of the civil service submission to the law because he judges administrative acts
Fotsing, Jean-Baptiste. "Le pouvoir fiscal en Afrique : essai sur la légitimité fiscale dans les États d'Afrique noire francophone /." Paris : LGDJ, 1995. http://catalogue.bnf.fr/ark:/12148/cb35773536t.
Full textNdiaye, Moustapha. "La construction constitutionnelle du politique en Afrique subsaharienne francophone." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD030.
Full textThe constitutional’s construction of the current politics in francophone sub-Saharan Africa is the result of an historic will : the European colonization. After decolonization, the discourse of the civilizing mission is strictly followed because Francophone African constitutions, which follow the French’s Constitution dedicated the French model of the democratic nation-state. But the institutionalization of democratic nation-state is generally unsuccessful. The application of unitary democratic nation-state model will generally lead to inter-community conflicts, either for the control of power within the nation-state (through armed struggle or the law of the Democratic majority) or to separate from the nation state. The amendments so far made have failed to resolve the crisis of politics because they always fit under the constitutional paradigm of unitary model of the democratic nation-state (monocommunautaire nation and state unit), thus ignoring a key fact Saharan political namely pre-colonial or ethnic collective identity. Therefore, as was done in other countries (Belgium, Canada, Spain, Ethiopia …), the resolution of the political crisis in sub-Saharan countries could find a resolution in the adoption of pluralitaire a constitutional model , that is to say, the recognition of the constituent community diversity of the nation (multicommunity nation) to which correspond a pluralitaire form of political power (federal state, regional or state Democratic Federation)
Fotsing, Jean-Baptiste. "Le pouvoir fiscal en Afrique : essai sur la légitimité fiscale dans les États d'Afrique noire francophone." Paris 1, 1991. http://www.theses.fr/1991PA010265.
Full textThe fiscal behavior is in correlation with the mental conceptions that the people has about the state and the tax. So, very often, the payment of the fiscal duty is the consequency of the people affection to his public institutions. This general declaration can be authentified in africa. This work intends to show that in africa, in every period, the fiscal legitimacy is always concerned with the relation the population has with the public institutions. As such, in the traditional africa, the sacredness that relies the social order, substends and justifies also the adhesion to the traditional tax and, consequently, to the traditional fiscal power. In default of integrating such cultural factor, the fiscal power is illegitimate and cannot be maintained another way without force. It was the case with the colonial fiscal power. The new african free state, refusing to close up the colonial fiscal experiences and taking up the reproduction of a fiscal system relied on the rationality among a people that fiscal culture takes in account the sacredness, has contributed to fragilize his fiscal power. The acting that comes about between the african state and the international actors manage the fiscal power in africa to be a stake and the fiscal duty to be an uncertainty
Ibrahim, Ahmed. "La notion de pouvoir en Afrique noire francophone (le cas des Comores de 1886 à 2000)." Paris 8, 2003. http://www.theses.fr/2003PA082272.
Full textThe subject of our thesis in Educational Sciences is called " the notion of power in French-speakin black Africa (the case of Comoro Islands from 1885 to 2000) ". The problem of the notion of power and its implications is by no means recent, not only in black Africa but also in the universal field. A fortiori the notion of power still remains, for the whole world, one of the first " states " which determine its daily survival. Working on the notion of power, essentially in French-speaking black Africa, mainly in the Comoro Islands, provides us with a great scientific interest in our modern era. In other respects, the corpus of our subject deals with four main lines of the notion of power. Thus it is necessary for us to analyze them and descibe them scientifically in their " Facts "- the are : - the traditional power of the autochtonous Comorian Society ; - the islamic sunnite, karidjite, wahhabite and chiite power in the Comores Islands ; - the colonial power in the Comoro Islands ; - and the power of the State in French-speaking black Africa. It's around those four forms of power that will work
Fall, Ismaïla Madior. "Le pouvoir exécutif dans le constitutionnalisme des États d'Afrique /." Paris : l'Harmattan, 2008. http://catalogue.bnf.fr/ark:/12148/cb413770248.
Full textBibliogr. p. 279-305.
Ondo, Télésphore Chastenet Patrick. "La responsabilité introuvable du Chef d'Etat africain analyse comparée de la contestation du pouvoir présidentiel en Afrique noire francophone (les exemples camerounais, gabonais, tchadiens et togolais) /." Reims : [s. n.], 2005. http://scdurca.univ-reims.fr/exl-doc/GED00000265.pdf.
Full textOuedraogo, Séni Mahamadou. "La lutte contre la fraude à la constitution en Afrique Noire francophone." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40008/document.
Full textThe objective of this study is to review the state of the fight against fraud in the constitution that hinders the process of democratization in francophone Africa. These show that the strengthening of democracy and the rule of law has encouraged the emergence of new uses of the constitution in most African states. The leaders who have internalized the constraints of constitutionalism reject more and more by the use of legal devices that are very difficult to fight on the field of law. This is so because the fraudster to the formation always takes care to comply with the letter of the constitution to fight his background.However, are emerging at national, regional and international synergy of actions of some judicial institutions, and social policies aimed at combating acts of public authorities, taking on the appearance of constitutional legality, the upsets. To do this, those involved in the fight against fraud do not hesitate to draw the normative system which is revealed in its inadequate implementation, the means to identify and punish. Review the actions conducted against fraud reveals rare success. The failures that lead to the consolidation of democracy in Africa, the fight against fraud in the constitution must be central control of the constitutional court
Thiam, Khadim. "Le contrôle de l’exécutif dans la création de l’Etat de droit en Afrique francophone." Thesis, Bordeaux, 2018. http://www.theses.fr/2018BORD0321/document.
Full textThe control of the executive in the creation of the Rule of law in Africa will have been in the center of all the doctrinal debates since the decade 1990. The omnipotence of the executive on the other powers in Africa, sapping the existence of the balance of power (executive, legislative, legal) caused all kinds of speculations. Thus by 1990 the emphasis was placed on the mechanisms of limitation of the powers of the executive. This question of the separation and the balance of power whose paternity returns to John Locke but equipped with his current resonance by Montesquieu remains today a question not yet solved in Africa in order to allow an effective realization of the Rule of law. This study has the aim of clarifying the obstacles which would have to be raised, sociological causes contributing to such consequences as well as the ways and means having to lead to the limitation of the powers of the executive, leaving the way to the natural conditions of safeguarding of individual freedoms for the implementation of the Rule of law in Africa. Force is to note that many progress were realized since 1990, in particular with the édiction of new constitutional texts and a will displayed of the ones (political powers) and others (civil society and defense associations of the human rights) to set up democratic regimes. However, since the fall of the Berlin Wall, this hope of the promising following days seems to give way to pessimism. It is thus advisable to determine the reasons of this decline while focussing on indices likely to flower the hope of the better following days. It is in this straight line that the object of our project of thesis is registered
Ondo, Télesphore. "La responsabilité introuvable du Chef d'Etat africain : analyse comparée de la contestation du pouvoir présidentiel en Afrique noire francophone (exemples camerounais, gabonais, tchadiens et togolais)." Reims, 2005. http://theses.univ-reims.fr/exl-doc/GED00000265.pdf.
Full textThere is no power without accountability. This combination, inherent in democratic constitutionalism, seems unachievable in some States in Africa notably Cameroon, Gabon, Chad and Togo, where the presidentialism left his mark. In fact, the majesty and the supremacy of the presidency and, consequently, the control of the constituent, legislative and electoral process by the Head of State, represent some insurmountable obstacles to organize an efficient system of his accountability. The consequence of this situation is the swing of the political systems in Africa to substitutive, formal and informal, chaotic and peaceful, national and international, political and criminal procedures. Those aim either, to destitute the supreme leader or, to control, limit and share his power. But in practice, the effectiveness of those mechanisms of protest is very low. The essential condition to establish a constitutional democracy in black Africa is to find a peaceful solution to the unaccountability of the main ruling leader
Sicoe-Tirea, Bauduin Roxana. "Du pouvoir dictatorial au mal moral : une lecture du roman africain francophone depuis 1968." Thesis, Paris 3, 2011. http://www.theses.fr/2011PA030132.
Full textThe representation of dictatorial power has become a recurrent theme in the works of Francophone African writers ever since Ahmadou Kourouma published his novel The Suns of Independence in 1968. Over the last twenty years the theme has revolved around the ramifications of a radical moral evil. Where does this thematic choice stem from? How does one define its impact on the writings from 1968 to the present-day? One notices that the narratives retrace the same paths portraying the birth and the murderous journeys of the African figure of authority. This dissertation examines, firstly, the dictators’ genetic territories, secondly, the mythical valences that they call into question, and lastly, their broken discourse and the incoherencies defining them. This is an attempt at capturing, through the use of the interpretative critical approach, the dynamics of political power perceived as a mental disease illustrated at first, through its proliferation, then its peak, and lastly, its ambiguous remission. The advent of the historical element in the literary text is accomplished by putting state authority into perspective and by using subversive imagination, which become, in the end, a space of liberty. This dissertation traces, therefore, the artistic itinerary of a quest for healing
Salcedo, Cécile. "La transition démocratique sud-africaine : essai sur l'émergence d'un droit public de la reconstruction de l'Etat." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32050.
Full textIn 1994, South Africa knew its first democratic elections. Sixteen years later, and four general elections, the country seems to have made a success of its bet of a democratic South Africa. The strong tensions which remained at the end of the apartheid regime let not at all augur a democratic and peaceful transition. The will of the negotiating parties to reach an optimal compromise and confidence in the rule of law guided the country in its choices. South Africa chose to supervise the slightest details of its transformation by the law. The Republic of South Africa demonstrated the importance that the law can take on the reconstruction of the State, by appealing to characteristic elements of the democratic transitions, such as constitutionalism, more specific instruments, such as a Truth Commission and egalitarian policies. This last one is mainly registered in two constitutions, "temporary" and "definitive". These not only allowed the passage of the apartheid regime towards a democratic one, but they also registered the bases of a new transitional justice, through a Truth and reconciliation commission of a new kind. They also began a reparation policy, with egalitarian aims, and registered in a global project of State building. Choices made by South Africa in transition and in State building can be source of inspiration for number of States in transition
Ndemby, Mamfoumby Pierre. "D'une écriture de la rupture à une relecture de cultures : lire et comprendre les pouvoirs traditionnels dans le roman d'Afrique noire francophone." Paris 12, 2005. https://athena.u-pec.fr/primo-explore/search?query=any,exact,990002301960204611&vid=upec.
Full textThe aim was to review French discourse from the dawn of the twenty-first century ; more particulary in the following texts : The Initiated, The cry that you make won't awaken nobody, The Festival of Masks, After the silence, In waiting for the vote of the Wild Animals, The sound of Inheritance, The Identity Card and The one and a helf lives. In the end, after considering the question of traditional powers from each and every perspective, it is the problem of identity, in all its facets, which has been dealt with. Seen from this point of view, the (written and spoken) word has been pinpointed as a source of power in consideration of its social and literary aspect. The question of myths and their stylistic effect of their images have allowed us to highlight the way in which all the elements constituting ancient knowledge have been handed down over time. Myths, which, by means of the narrative structure of their texts, have revealed how contemporary literary works, destroyed by contemporary societies, are affected and they contribute also to to the breaking down of traditional orders. Following on from that, there is an attempt to legitimise Frecnh writings by means of the power of words, as writing of rupture. In order to do this, it was necessary to highlight the structural elements which would help us to define French texts on the basis of their linguistic elements. Subsequently, words have been denoted as a force which generates meaning. This semantic self-generation has helped to reveal the instability of certain characters and the apparent loss of authority bt patriarchs such as Rèdiwa or Makaya, charged with the safe-keeping and the transmission of ancient values. The internal conflict found in French black African imaginative works, often linked to the confrontation between tradition and modernity, is also that which has allowed us to read cultural phenomena differently and has led to the challenging of traditional knowledge. Finally, the entire French-speaking world, or at least that which is mentioned in the third part of this work, eventually reveals itself to be, in one way or an other, based almost exactly on the ancients' model. The analysis carried out during this work has shown how the political arena and the traditional axis of power became interdependent. Political figure circulated freely, moving from one area to another in their pursuit of meaning, without the slightest apprehension. This pursuit of meaning or of identity has led political heroes, seeking to flee everyday difficulties, to make us of the ebb and flow of symbolism and politics in order to construct new identities, new beliefs, and in order to construct a new basis for the relationships with the other, with society and with the universe. If the reading about figures of traditional power has been thus effective, it is because this model has become the matrix of French writings. This attachment to values has given the issue of modernity a dual quelity : on the one hand in terms of being a national treatment of the subject liberated from the pitfalls of nature ; and on the other hand, one which is perceived as the establisment of the new tradition. In each of these two cases, French novelists have tried to make their characters and their writting adhere to this vision of things
Soro, Pamatchin Sylvia-Ghislaine. "L'exigence de conciliation de la liberté d'opinion avec l'ordre public sécuritaire en Afrique subsaharienne francophone (Bénin-Côte d'Ivoire-Sénégal) à la lumière des grandes démocraties contemporaines (Allemagne-France)." Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0026/document.
Full textThe renewal of constitutionalism, initiated in the 1990’s in francophone sub-Saharan Africa,and the worldwide growing security threat reorient the issue of the relationships between freedom of opinion and public security order. The constitutional recognition of freedom of opinion requires that the exercise of this freedom be done according to substantive public policy, with, at the heart of this legalised policy, the safety of people, property and, by extension, national territory. This recognition demands that we question the conciliation of freedom of opinion with public security order in francophone sub-Saharan Africa (Benin, Côte d’Ivoire, Senegal) in the light of the experience of great contemporary democracies (Germany, France). In this research, constitutional grounds support the conciliation requirement and its respect must be ensured by legal guarantees. However, conciliation finds its limits in the political, economic and social contingencies specific to the francophone sub-Saharan States of Africa. Indeed, in these countries where the rule of law is building up, the conciliation of two constitutional standards is uncertain, especially when one of them, freedom of opinion, can threaten political power whereas the other one, public security order, can become an excuse to limit the exercise of this freedom. The essay invites in fine to reconsider the conciliation of freedom of opinion with public security order as a new constitutional principle in francophone sub-Saharan Africa
Salaou, Mano. "La protection des droits économiques et sociaux en Afrique : de la consécration juridique aux problèmes de mise en oeuvre dans les états francophones." Clermont-Ferrand 1, 1996. http://www.theses.fr/1996CLF10169.
Full textThe constitutions born of the recent claims for democrats in French-speaking Africa recognize, those generousth than the ancient fondamental laus economic and social rights - in the current context of economic crisis and liberalization, it is to ask oneself about the practical value of a such acknowledgement. The economic a socials rights are a heterogeneous set that the content must be delimited. Based on the distinction between "rights to do" and "rights to", we can recuse this content through the common reference of the states to international law. After that, we can determine the rights in the whole statute law and estimate their juridical value. It is positive, particularly in constitutional level, although in inegual degree, according to states. However it remains imperfect because of the inefficiency of the procedures and the very substance of the "rights to", imparticular so the implementation of these rights crises many problems: theorically and technically, we can build easity the juridical settlement by drawing the fundamental principles; but realy, they are very unworkable, concerning "rights to", yet once more. To face up to obstacles to the actuality of the rights, it's advisable to mention the suitable conditions to promote the protection promised by the constitutions