المستخلص: |
The constitutional justice is a core element for the enshrinement of the rule of law, it endeavors to ensure that the compliance of legal subjects’ behaviors with the constitutional texts, which are the supreme law of the State. Thus, all legal and regulatory texts must be in conformity with the constitution, and all the authorities and public institutions of the State must follow the constitution while exercising their functions, otherwise it would be subject to abolition for unconstitutionality. From this point onward appeared the need to establish ad hoc bodies mandated with the control of the unconstitutionality of laws; those bodies may differ regarding their nature and composition, they may be embodied in the form of special institutions, represented in constitutional courts/councils, or through normal courts, which is mandated with constitutional jurisdiction. In this case, there must be a hierarchy of courts, and the adjudication in constitutional matters and cases is often mandated to the supreme courts. This is what will be addressed by this article, which seeks to demonstrate the importance of operationalization of the independence of constitutional justice from the rest of authorities, focusing on the model of West African countries.
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