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Congo Constitution and Electoral Law

This branch of law concerns the organization of the State and the rights of individuals is called constitutional law. There are the most important rules of law. Important because all other rules can only exist if constitutional law allows it.

Constitution rights are mainly found in the Constitution. But there are also in certain international conventions and possibly in the provincial laws which will be adopted by provincial parliaments.

The rules found in the Constitution must tell us:

-What our country (territories, borders)

- the way in which he must be organized (authorities, skills) and

- What are the fundamental rights of people and the people

It is in principle to all Congolese that it is up to develop these rules. It is indeed to this one people that it is up to decide how he wishes to organize on his own territory (art. 5). A constitution cannot therefore know those to whom it will apply.

By establishing a system intended to organize the country, the rules in the Constitution must reflect the genius of a people. Poorly conceived, a constitution can be used to crown an unfair situation. This is why when a people develop a constitution he must take into account not only his negative experiences but also that lived by other peoples. It is a question of conceiving the best possible organization of the State which makes it possible to guarantee justice and order on the territory.

It should be noted that the people must also make rules on the procedure. In other words, choose when and how to intervene, as a people, in the functioning of the State (constitutional revision, referendum, initiative [constitutional procedure see art. 218, 219 and 220]).

Ex: if the people said in the Constitution that they will only intervene during elections and has a moment chosen by the authorities, it will be very difficult to intervene at another time even if the need arises.

Since the colonial era, the DRC has successively had several constitutions (you can see these constitutional acres on the site at the address: http://www.droitCongolais.info figures 1. At 1.09).

These imposed constitutions made it possible to justify the enslavement of the Congolese in can foreign and/ or dictatorial.

Today in the DRC, it is the constitution of February 18, 2006 which rules the organization of the country. Without entering into the details of its authors and the way it has extended (subjects which can be the subject of studies on the part of the Congolese doctrine [the specialists]), the Congolese people are supposed to have adopted the system chosen in the Constitution.

He is supposed to have found the system that suits him better to organize the country and guarantee it the rights of people on its territory.

In the states do we have inherited the political system, we generally consider that there are 3 kinds of power. The power to impose a rule that everyone will have to respect is legislative power. The power to use force to enforce a rule, the executive power. The power to say if a rule has respected, the judicial power.

The current Congolese Constitution says that the people who have supreme power, in other words it is the people who have the last word (art. 5). Theoretically therefore the people could therefore allow themselves to do what they want: establish the rules executes them and make them respect themselves

Informing other compatriots to download this application for more about our Constitution

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The Project was concentrated by Pitshou Yunga Kafuku

Support by Cordoba Agency of the USA and DRC

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