Constitutional Law at Burkina Faso

In Burkina Faso, Constitutional Law is based on the Constitution of June 2, 1991 (with several amendments over the years, most recently in 2021). This Constitution laid the foundation for a semi-presidential republic, but political instability (coups and transitions) has often influenced constitutional developments.

Here are the key points about Constitutional Law in Burkina Faso:

Supreme Law: The Constitution is the highest law. All laws and acts must conform to it.

Government Structure: Burkina Faso has a semi-presidential system, meaning power is shared between an elected President (Head of State) and a Prime Minister (Head of Government).

Fundamental Rights: The Constitution guarantees important human rights — equality before the law, freedom of expression, freedom of religion, and protection from arbitrary detention.

Presidency: The President is elected by the people and holds significant authority, including appointing the Prime Minister and presiding over the Council of Ministers.

National Assembly: The legislative power is vested in a unicameral National Assembly.

Judiciary: The Judiciary is independent, with a Constitutional Council overseeing the constitutionality of laws.

Military and Political Interference: Burkina Faso has experienced several military coups (most recently in 2022), which have led to suspensions and restorations of constitutional rule.

Recent Changes: A new transitional charter was adopted in 2022, following political upheaval. However, the 1991 Constitution remains the fundamental legal framework.

Key institutions under Burkina Faso’s Constitutional Law include:

The Constitutional Council

The Court of Cassation (Supreme Court for civil and criminal matters)

The Council of State (for administrative matters)

The High Court of Justice (for trying high officials)

 

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