2025/06/27 by Kane, Zeinaba · 1 voice
#Constitution #Contradictory #Côte d’Ivoire #Senegal #constitutional judge #constitutionality review #trial
paper · doi:10.57832/kfdm-6902
The gradual jurisdictionalization of the constitutional court’s activity is supported by a proceduralization of constitutional litigation, which is marked by the use of adversarial proceedings. A fundamental principle of a fair trial, adversarial proceedings give a new face to the courtroom of the constitutional judge. In Côte d’Ivoire and Senegal, this principle is subject to different degrees of normative consecration, and its application varies according to the type of control. It is more common in electoral disputes than in the exception of unconstitutionality and a priori control, where the nature of the control is difficult to reconcile with contradiction. Thus, there is a need to adapt or reorganize this principle in order to legitimize judicial decisions and rationalize the constitutional order in Africa.