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Le contrôle de l’exécutif dans la création de l’Etat de droit en Afrique francophone

Abstract : The 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.
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Submitted on : Tuesday, April 30, 2019 - 11:57:36 AM
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  • HAL Id : tel-02115437, version 1



Khadim Thiam. Le contrôle de l’exécutif dans la création de l’Etat de droit en Afrique francophone. Droit. Université de Bordeaux, 2018. Français. ⟨NNT : 2018BORD0321⟩. ⟨tel-02115437⟩



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