ABSTRACT
This chapter analyses the Constitutional Council and its contribution to the advancement of democracy and constitutional justice. It first examines issues relating to its institutional structure and proceeds to an examination of its jurisdiction in constitutional review and in adjudicating electoral disputes. The chapter aims to demonstrate that the Constitutional Council is weakened by institutional arrangements, which make it subordinate to the President of the Republic, a situation that severely undermines its independence. Moreover, its jurisdiction in constitutional adjudication is extremely limited such that it offers little prospects for constitutional justice. These weaknesses are compounded by a culture of passivism of the membership. The chapter concludes that the constraints cumulatively limit the extent to which the Council can act as a credible institution with the potential to promote democracy and constitutional justice.
