Garanties Constitutionnelles Relatives a L'individu Face à la Justice dans les États D'afrique Francophone

Summary

Francophone African constitutions generally make provision for fundamental rights. In criminal proceedings, the principle nulla poena sine lege is expressly incorporated in some, but not all, the constitutions. All the constitutions legislate against arbitrary arrest and detention; some legislate against brutality and torture. But these rights are subject to numerous exceptions and limitations.

African countries generally distinguish between constitutional provisions and ordinary laws; the former are supreme, and may only be amended by special procedures. Constitutionality of legislation is generally judged in the francophone states by the Supreme Court or a special tribunal (this procedure differs from that in the parent French and Belgian constitutions). Within each Supreme Court there are normally several chambers or divisions: judicial review of the constitutionality of legislation is generally the business of a constitutional chamber of the Supreme Court. There is often a political element in the nomination of the persons to serve on such a special constitutional court.