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Periodical article Periodical article
Title:L'encadrement par le juge constitutionnel congolais de la jurisprudence relative aux mesures d'application de l'état d'urgence à l'ère de la covid 19
Author:Kazadi, Eder Mbala
Year:2021
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:8
Issue:1
Pages:28-43
Language:French
Geographic term:Congo (Democratic Republic of)
Subject:law
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2021-1-28
Abstract:With the declaration of the state of emergency imposed by the pandemic of covid-19, the need was felt to study the intervention of the congolese constitutional judge in this matter. of the three decisions taken, both upstream and downstream, in this matter, the constitutional court has proceeded from one interpretation to another with regard to the procedure for declaring this exceptional legality. if in 2007 the court refers to consultation in accordance with article 85 of the constitution of 18 february 2006, in 2019 it admits that the authorization of congress is required under article 119 of the same constitution. but in 2020 she again changed her position by saying that the facts must be assessed to determine which of these two procedures can be followed. this points out, therefore, that these three different positions of the court do not derive from the same contexts and that, therefore, each context mentioned allows us to identify the particular role played by the constitutional judge in framing his case-law and consolidating the rule of law in this matter that this study addresses.
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