| Abstract: | The consolidation of public institutions, both national and provincial, depends on the conventional, constitutional and legal provisions of a state in place. Indeed, most national instruments draw their source from international and community legal instruments, particularly those of human rights, the implementation of which consolidates provincial public institutions, thanks to democratic values and a rule of law. Put in place, in particular: political pluralism; the separation of powers which implies the independence of institutions and functional specialty; guarantees of a fair trial, etc. The constitution in force of the drc, gives the provinces legal personality, management autonomy and the provincial institutions which are: the provincial assembly and the provincial government (art. 195), which exercise the powers of proximity of matters which either come under the concurrent jurisdiction of the central power and the provinces, or the exclusive jurisdiction of the provinces (art. 201). The president of the republic holds from this constitution strengthened powers over the provincial assembly (art. 198) and the governor of the province (art. 198), and the provincial assemblies hold the power of political sanction over the provincial government (art. 198). Thus, as there are always abuses of power in the interactions between national public institutions and provincial ones, which can generate politico-institutional conflicts, this reflection maintains that the application of the aforementioned instruments (to which the drc is a member), can provide legal certainty, consolidation, protection or promotion of provincial institutions. |
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