Parliament in the new constitutionnalism in Africa. Test of analysis compared starting from the examples of Benin, Burkina Faso and Togo

Abstract

Which place occupies the Parliament in the new constitutionnalism in Africa? “Privileged platform” or “room of recording” as do affirm it a many observers? Limited to Benin, Burkina Faso and Togo, this thesis plans to answer this double interrogation while approaching without a priori the true reality of parliamentarism in Africa. Through an analysis of the new constitutional, legislative and lawful texts, one detects a formal increase in competences of the Parliament in the production of the standards and the control of the government. The only fact for the component of textually envisaging new mechanisms of organization and work of the parliamentary institutions constitutes in oneself a considerable projection compared to the practices which had course under the reign of the single parties. On the plan practises however, it comes out from this study that the assemblies resulting from the new constitutionnalism unfortunately are still reduced to roles of pure form. The assemblies still did not become of the instruments of dialogue and participation to which the populations aspire.<br />Multiple factors as well endogenous as exogenic, primarily related to the excessive rationalization of the parliamentarism borrowed from the Western political systems, to the recourse by the executives to means of pressure varied to confine the Parliament in its role of support and consultation explain why the reforms undertaken at the beginning of the years 1990 did not involve a true rehabilitation of the parliamentary assemblies in each studied country.