Constitutional Court | |
---|---|
Cour Constitutionnelle | |
4°18′41″S15°16′51″E / 4.31139°S 15.28083°E | |
Established | 18 February 2006 |
Jurisdiction | Democratic Republic of the Congo |
Location | Nouveau Palais de Justice - Avenue des bâtonniers, Gombe, Kinshasa |
Coordinates | 4°18′41″S15°16′51″E / 4.31139°S 15.28083°E |
Authorised by | Constitution of the Third Republic |
Website | cour-constitutionnelle |
President | |
Currently | Dieudonné Kamuleta Badibanga |
Since | 21 June 2022 |
United Nations Mission |
---|
Democratic Republic of the Congoportal |
The Constitutional Court (French : Cour Constitutionnelle) was established by the Constitution of the Third Republic on 18 February 2006 as the highest constitutional authority in the Democratic Republic of the Congo. Its role is to ensure the constitutionality of laws and statues created by government officials and organizations.
The Court consists of nine members appointed by the President of the Republic, including three appointed by his own initiative, three chosen by the Parliament, and three designated by the High Council of the Judiciary. Two-thirds of the members must by lawyers from the ranks of judges or prosecutors, from the Bar, or from university education. The other basic requirements are being Congolese and having 15 years of experience in legal work. [1]
The non-renewable term for members is nine years. A third of the membership is renewed every three years, with members of the group chosen by drawing lots. The President of the Constitutional Court is elected by the other members for a three-year term, renewable once. He is invested by ordinance of the President of the Republic. [1]
The Court reviews laws and statues proposed by the President, the Prime Minister, the Senate, the National Assembly, or other government organizations prior to their application, to rule on their conformity with the Constitution. Additionally, the Court examines applications for interpretations of the Constitution at the request of government officials. It settles disputes regarding presidential or parliamentary elections, as well as referendums. Appeals regarding the constitutionality of laws or regulations are also settled by the Court. Judgements of the Constitutional Court cannot be appealed and are enforced immediately. [1]
The Constitutional Court can also be the criminal court for the President or Prime Minister for high treason, failings in matters of honor or integrity, contempt of parliament, or common law offenses, at the request of a two-thirds majority of Parliament. [1]
The Government of Barbados (GoB) is a unitary parliamentary republic, where the President of Barbados is the head of state and the Prime Minister of Barbados is the head of government.
The politics of Cameroon takes place in the context of an electoral autocracy where multi-party elections have been held since 1992, the ruling party wins every election, and Paul Biya has been president since 1982. Since Cameroon's independence in 1960, it has been a single-party state and ruled only by two presidents: Ahmadou Ahidjo and Paul Biya. Political opposition are repressed and elections are manipulated in favor of the ruling party.
The Czech Republic is a unitary parliamentary republic, in which the president is the head of state and the prime minister is the head of government. Executive power is exercised by the Government of the Czech Republic, which reports to the Chamber of Deputies. The legislature is exercised by the Parliament. The Czech Parliament is bicameral: the upper house of the Parliament is the Senate, and the lower house is the Chamber of Deputies. The Senate consists of 81 members who are elected for six years. The Chamber of Deputies consists of 200 members who are elected for four years. The judiciary system is topped by the trio of the Constitutional Court, Supreme Court and Supreme Administrative Court.
The government of Italy is that of a democratic republic, established by the Italian constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as of a head of state, known as the president.
The government of Poland takes the form of a unitary semi-presidential representative democratic republic, whereby the president is the head of state and the prime minister is the head of government.
The president of the Democratic Republic of the Congo is the head of state of the Democratic Republic of the Congo and commander-in-chief of the armed forces.
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.
The Constitution of the Republic of Lithuania defines the legal foundation for all laws passed in the Republic of Lithuania. The first constitution of the contemporary republic was enacted on 1 August 1922. The current constitution was adopted in a referendum on 25 October 1992.
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It is housed in the Palais-Royal in Paris. Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the president of the republic, or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament.
The Constitution of the Italian Republic was ratified on 22 December 1947 by the Constituent Assembly, with 453 votes in favour and 62 against, before coming into force on 1 January 1948, one century after the previous Constitution of the Kingdom of Italy had been enacted. The text, which has since been amended sixteen times, was promulgated in an extraordinary edition of Gazzetta Ufficiale on 27 December 1947.
The Supreme Constitutional Court is an independent judicial body in Egypt, located in the Cairo suburb of Maadi.
The Constitutional Court of Turkey is the highest legal body for constitutional review in Turkey. It "examines the constitutionality, in respect of both form and substance, of laws, decrees having the force of law, and the Rules of Procedure of the Turkish Grand National Assembly". If necessary, it also functions as the Supreme Criminal Court to hear any cases raised about the President, Vice President, members of the Cabinet, or judges of the high courts. In addition to those functions, it examines individual applications on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities.
The Constitutional Court is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX of the Constitution of Spain, and further governed by Organic Laws 2/1979, 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The Court is the "supreme interpreter" of the Constitution, but since the Court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters.
The Supreme Court is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.
The Constitutional Court of Slovenia is a special court established by the Slovenian Constitution. Since its inception, the Court has been located in the city of Ljubljana. It is the highest court in the country for reviewing the constitutionality and protection of human rights and fundamental freedoms, otherwise the highest court in the country is the Supreme Court of the Republic of Slovenia. The constitutional court is not part of any branch of government and is an independent state body.
The current Constitution of Madagascar was, according to the national electoral commission, endorsed by a majority of voters in the constitutional referendum held on 14 November 2010. The new constitution launched the Fourth Republic of Madagascar and was widely seen as an attempt to consolidate and legitimise the rule of Andry Rajoelina and his High Transitional Authority government which was installed after a military-backed coup d'état against President Marc Ravalomanana at the beginning of the ongoing national political crisis. One substantive change from the constitution of the Third Republic was to lower the minimum age for presidential candidates from 40 to 35. This made Rajoelina, aged 36 at the time, eligible to stand in presidential elections.
The Provisional Constitution of the Federal Republic of Somalia is the supreme law of Somalia. It provides the legal foundation for the existence of the Federal Republic and source of legal authority. It sets out the rights and duties of its citizens, and defines the structure of government. The Provisional Constitution was adopted on August 1, 2012 by a National Constitutional Assembly in Mogadishu, Banaadir.
The Constitution of the Republic of the Congo is the basic law governing the Republic of the Congo. In it, it is stated that the Republic of the Congo is a pluralistic, multi-party democracy. A presidential system since 2009, the president's term was originally 7 years, which has now been reduced to five after a 2015 constitutional referendum that instituted a new Constitution, which also reinstated the position of Prime Minister and moved the country to a semi-presidential system. The Council of Ministers – the government – is appointed by the President.
The Luluabourg Constitution was the second constitution of the Democratic Republic of the Congo. Functional from 1 August 1964 until November 1965, it was meant to replace the basic law that had been provisionally enacted when independence was declared in 1960. Unlike its predecessor, the Luluabourg Constitution featured a strong executive presidency and carefully delineated federalism between the central government and the provinces. It also formalized the adoption of the name "Democratic Republic of the Congo", succeeding the name "Republic of the Congo".
The National Council of the Judiciary is the national council of the judiciary of Poland. It is a public body in Poland responsible for nominating judges and reviewing ethical complaints against sitting jurists.