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Periodical article Periodical article
Title:Fondements de l'autorite des arrets de la cour constitutionnelle de la République Démocratique du Congo
Author:Hengelela, Joseph Cihunda
Year:2017
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:4
Issue:4
Pages:603-613
Language:English
Geographic term:Congo (Democratic Republic of)
Subjects:law
constitutions
Link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2017-4-603
Abstract:This article is a critical reflection on the foundations of the authority of the constitutional court's judgments. it highlights these foundations which are both legal and philosophical. from the legal point of view, the authority attached to the decisions of the constitutional court would derive from the supremacy of this jurisdiction on the congolese judicial chessboard. on the philosophical level, the authority of the judgments of the constitutional court would be based on the presumption of infallibility of the constitutional judge. the author demonstrates, however, that the two principles have the limits which make the authority of these judgments relative.
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