Within CRLD, Cirbaj de Souza explored the new powers of the Beninese constitutional judge.
Cirbaj de Souza, chercheur·e au sein de CRLD (Université d'Évry-Val-d'Essonne).
Thèse soutenue en 2024 à l'école doctorale École doctorale Droit, économie, management (Sceaux, Hauts-de-Seine ; 2020-....).
Référencée dans le réseau ABES/STAR, cette thèse répond aux critères de rigueur de l'enseignement supérieur français.
Cirbaj de Souza's thesis on the new powers of the Beninese constitutional judge raises fundamental questions about the separation of powers and the legitimacy of these prerogatives. By examining recent developments in the Constitutional Court, the author highlights the implications of these changes for the rule of law in Benin. The 1990 Constitution established the Court as an essential pillar, but the new powers it has acquired raise questions about their compliance with democratic principles. This situation is not unique to Benin, but reflects trends observed in other West African countries, where constitutional judges see their role evolve in a often tumultuous political context.
The comparative approach adopted by Souza allows for situating Benin within a broader framework, by comparing its practices to those of other states. For example, by referring to the situation in Ghana or Senegal, where constitutional courts have also seen their prerogatives expand, it becomes possible to better understand the specific challenges faced by the Beninese constitutional jurisdiction. These comparisons highlight governance patterns that, while seeking to strengthen the rule of law, can sometimes clash with complex political realities.
The research emphasizes the importance of transparent communication around the Court's decisions to strengthen public trust. Indeed, a perception of politicization of justice can undermine the legitimacy of the institution. The Court's decisions must be explained and contextualized to avoid any biased interpretation. For example, when a decision is perceived as favoring a political camp, it can generate social tensions and undermine the Court's credibility. Transparency and pedagogy are therefore imperatives to maintain citizens' trust in judicial institutions.
The recommendations of the thesis go beyond mere legal analysis. They call for constructive dialogue between the various state institutions to avoid tensions and ensure effective complementarity. This dialogue is crucial to maintaining the balance of powers, a fundamental element of any democracy. Indeed, when judicial, executive, and legislative institutions interact constructively, it fosters a climate of cooperation that can strengthen the rule of law. Examples of such dialogues can be observed in countries like Burkina Faso, where initiatives have been put in place to promote collaboration between the different branches of government.
In summary, this research is not limited to a theoretical study but proposes concrete avenues to strengthen the Beninese judicial system. Souza's thesis is a significant contribution to the theory of constitutional litigation, offering relevant reflections on the role of the constitutional judge in consolidating the rule of law in Benin. By integrating practical elements and recommendations, this thesis paves the way for in-depth reflection on how Benin can navigate contemporary challenges while preserving the democratic foundations of its legal system.
It is also essential to consider the impact of the new powers of the constitutional judge on civil society and citizens' rights. The Court's ability to intervene in fundamental rights issues can have significant repercussions on the daily lives of Beninese people. For example, decisions regarding freedom of expression or the right to a fair trial can directly influence citizens' perception of justice. Thus, Souza's thesis does not merely analyze legal aspects but also engages in reflection on the social and political implications of these developments.
Finally, it is crucial to emphasize that the consolidation of the rule of law cannot occur without the engagement of the citizens themselves. Raising awareness about the importance of judicial institutions and promoting a culture of respect for fundamental rights are key elements to ensure that the new powers of the constitutional judge are used fairly and equitably. In this sense, Souza's thesis calls for collective mobilization to defend democratic values and strengthen the resilience of the Beninese judicial system in the face of future challenges.
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Sources et accès
Cirbaj de Souza. Les nouveaux pouvoirs du juge constitutionnel béninois à la lumière d'une approche comparatiste. Contribution à la théorie du contentieux constitutionnel. Droit. Université Paris-Saclay, 2024. Français. ⟨NNT : 2024UPASH009⟩. ⟨tel-04989600⟩