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Periodical article Periodical article
Title:L'indépendance des juges suprêmes au Bénin
Author:Adeloui, Joël Arsène
Year:2018
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:5
Issue:1
Pages:15-31
Language:French
Geographic term:Benin
Subject:law
Link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2018-1-15
Abstract:The beninese constitution of 11 december 1990 stated solemnly article 125 the independence of the judiciary. this independence is confirmed in different laws. in this country, the supreme court is embodied both by the judiciary and constitutional power. but two observations can be made of the independence of the supreme judges. the first is that there is a contrast of independence of the judiciary. while section 125 of the constitution clearly affirms the independence of the judiciary and other authorities, article 127 softens this independence by making the chief executive, the guarantor of the independence. which leads to believe that the independence of the judiciary in benin is possible only if the president of the republic wants. the second point is the ambiguity or even the vagueness that characterized the independence of the constitutional court benin which is not expressly affirmed in the constitution of 11 december 1990, since this power is not the judiciary the independence of the judiciary is not always effective. she's compromised while she needs to be reinvented for a more independent judiciary several reasons are burdens which the judge must be free. it's the strong involvement of the executive power in the justice sector, the appointment of judges, the politicization of the sector and the weakness of the resources allocated to the functioning of the courts, etc. the image of an independent judiciary depends on the place that governments will grant to the justice sector in our states. build a state of law, is pushing for an actually independent judiciary. nothing is impossible when there is the will.
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