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Les transitions constitutionnelles démocratisantes : analyse comparative à partir de l’expérience du Bénin

Abstract : The logical and systemic analysis of the constitutional transition allows to understand the success of democratization in Benin. The constitutional transition was indeed the instrument of its democratic transition, as much as it reveals it. The National Conference was the central organ of this constitutional transition, which generated an inclusive and consensual constituent process. These two guiding principles favored the adoption of a well-balanced and legitimate Constitution by integrating social diversity into the constituent process. Moreover, they pacified political relations and fostered actors to respect the established rules, by forcing them to cooperate. To achieve this, the rationalization of the transition was essential. It relied on appropriated organs and on constitutionnalization of the process, which acted as an anti-return pawl. This emergent constitutionalism had however to cohabit with pragmatism, since an effective rationalization implied to adapt its instruments to the specific context of the transition.Inclusion and consensus, combined with co-optation of actors and a pragmatic constitutionalism, allowed the adoption of a Constitution facilitating democratic consolidation. This success reveals that this specific transitional constitutional Law is more democratizing than the recourse to democratic constitutional Law. The comparative analysis demonstrates that this fiding is not specific to Benin. It also confirms that the implementation of an inclusive and consensual process certainly depends on the choices made by the actors but is also conditional on their balance of power.
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Submitted on : Monday, September 23, 2019 - 1:01:15 AM
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Magalie Besse. Les transitions constitutionnelles démocratisantes : analyse comparative à partir de l’expérience du Bénin. Droit. Université Clermont Auvergne, 2017. Français. ⟨NNT : 2017CLFAD013⟩. ⟨tel-02293984⟩



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