Constitutional Court of the Democratic Republic of the Congo
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The Constitutional Court () was established by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
of the Third Republic on 18 February 2006 as the highest constitutional authority in the
Democratic Republic of the Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, DR Congo, the DRC, the DROC, or the Congo, and formerly and also colloquially Zaire, is a country in ...
. Its role is to ensure the constitutionality of laws and statues created by government officials and organizations.


Composition

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 In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
, 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.Constitution of the Democratic Republic of the Congo
Section 5, Articles 157–169. 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.


Powers

The Court reviews laws and statues proposed by the President, the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
, the Senate, the
National Assembly In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the rep ...
, 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 An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office. Elections have been the usual mechanism by which modern representative ...
, 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. The Constitutional Court can also be the criminal court for the President or Prime Minister for
high treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
, failings in matters of honor or integrity, contempt of parliament, or common law offenses, at the request of a two-thirds majority of Parliament.


See also

*
Court of Cassation (Democratic Republic of the Congo) The Court of Cassation () is the main court of last resort in the Democratic Republic of the Congo The Democratic Republic of the Congo (french: République démocratique du Congo (RDC), colloquially "La RDC" ), informally Congo-Kinshasa, ...
*
Judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
*
Jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
* Rule of law * Rule According to Higher Law


References


External links


Official website
Judiciary of the Democratic Republic of the Congo Law of the Democratic Republic of the Congo Politics of the Democratic Republic of the Congo Political organisations based in the Democratic Republic of the Congo Congo Congo, Democratic Republic 2006 establishments in the Democratic Republic of the Congo Courts and tribunals established in 2006 {{DRCongo-stub