Constitution of Côte d'Ivoire
Encyclopedia
Côte d'Ivoire
has had two constitutions in its history. Currently in effect is the constitution of 2000.
As in much of the Ivoirian political system, French influence weighed heavily in the preparation of the Constitution. Félix Houphouët-Boigny
and its other authors had received much of their formal political education and experience in France, and Houphouët-Boigny himself had served in successive French governments in the 1950s. Not unexpectedly, the 1960 Constitution was largely taken (often verbatim) from the 1958 constitution of the Fifth Republic of France
. Like its French counterpart, the Ivoirian Constitution declares that all power derives from the people and is expressed through universal suffrage. It also mandates the separation of executive and legislative authority with limits on the power of the former.
In its preamble, the Constitution proclaims its dedication to liberal democratic principles and inalienable human rights as expressed in the 1789 Declaration of the Rights of Man and of the Citizen
and the 1948 Universal Declaration of Human Rights
. Under the rubric "Of the State and Sovereignty," the initial articles of the Constitution describe the symbols of the state—the flag, the motto, and the national anthem—and name French
the official language. Articles 3 through 7 delineate the fundamental rights and principles pertaining to Ivoirian citizenship: universal suffrage, popular sovereignty, and equality before the law. Significantly, in light of the government's subsequent coercive support of a single political party, Article 7 of the 1960 Constitution formally allows a multiparty system.
The first chapter of the Constitution directs that the government consist of executive, legislative, and judicial branches. The three subsequent chapters of the Constitution list the powers accruing to each. The Ivoirian Constitution provides for a strong executive, although it couches the language of power in democratic terms. For example, in keeping with the articulated principle of popular sovereignty, the Constitution provides that the National Assembly shall vote laws and consent to taxes but then limits the assembly's power by specifying exactly the matters on which the legislature may act. Matters constitutionally excluded from the legislature's purview automatically fall within that of the executive and are dealt with either by decree or by regulation. The Constitution also stipulates that the executive and the National Assembly share the power to initiate legislation, but the pertinent article appears in the chapter dealing with executive—not legislative—responsibilities. In fact, for most of Côte d'Ivoire's brief history as an independent republic, nearly all legislative programs have originated with the president and have been rubber-stamped by the assembly.
The Constitution also calls for a separate judiciary. As with the legislature, however, the Constitution makes the judiciary subordinate to the individual who guarantees its independence, that is, the president. The Constitution neither establishes nor protects a judiciary independent of or opposed to the government. The Constitution does provide for the Supreme Court and a subordinate court system; nevertheless, it does not stipulate the exact structure of the judiciary, a task that officially was to be done by the National Assembly. In fact, the assembly simply approved the president's plan.
The ninth chapter of the Constitution establishes the Economic and Social Council (Conseil Economique et Social), the purpose of which is to advise the president on matters pertaining to economic development and social change. The final two chapters provide procedures for amending and adopting the Constitution.
formed a government of national unity and promised open elections. A new constitution was drafted and ratified by the population in the summer of 2000.
Côte d'Ivoire's constitution of the Second Republic (2000) provides for a strong presidency within the framework of a separation of powers. The executive is personified in the president, elected for a 5-year term. The president is the head of state and commander in chief of the armed forces, may negotiate and ratify certain treaties, and may submit a bill to a national referendum or to the National Assembly
. According to the constitution, the president of the National Assembly assumes the presidency for 45–90 days in the event of a vacancy and organizes new elections in which the winner completes the remainder of the deceased president's term. The president selects the prime minister, who is the head of government. The cabinet is selected by and is responsible to the prime minister.
The unicameral National Assembly is composed of 225 members elected by direct universal suffrage for a 5-year term concurrently with the president. It passes on legislation typically introduced by the president, although it also can introduce legislation.
The judicial system culminates in the Supreme Court. The High Court of Justice is competent to try government officials for major offenses. There is also an independent Constitutional Council which has seven members appointed by the president that is responsible for, amongst other duties, the determination of candidate eligibility in presidential and legislative elections, the announcement of final election results, the conduct of referendums, and the constitutionality of legislation.
For administrative purposes, Côte d'Ivoire is divided into 19 regions
and 90 departments
. Each region and department is headed by a prefect appointed by the central government. In 2002, the country held its first departmental elections to select departmental councils to oversee local infrastructure development and maintenance as well as economic and social development plans and projects. There are 196 communes
, each headed by an elected mayor, plus the city of Abidjan
with 10 mayors.
Côte d'Ivoire
The Republic of Côte d'Ivoire or Ivory Coast is a country in West Africa. It has an area of , and borders the countries Liberia, Guinea, Mali, Burkina Faso and Ghana; its southern boundary is along the Gulf of Guinea. The country's population was 15,366,672 in 1998 and was estimated to be...
has had two constitutions in its history. Currently in effect is the constitution of 2000.
1960 Constitution
On October 31, 1960, the National Assembly of Côte d'Ivoire adopted the Constitution establishing an independent republic. The 1960 Constitution called for a strong, centralized presidential system with an independent judiciary and a national legislature.As in much of the Ivoirian political system, French influence weighed heavily in the preparation of the Constitution. Félix Houphouët-Boigny
Félix Houphouët-Boigny
Félix Houphouët-Boigny , affectionately called Papa Houphouët or Le Vieux, was the first President of Côte d'Ivoire. Originally a village chief, he worked as a doctor, an administrator of a plantation, and a union leader, before being elected to the French Parliament and serving in a number of...
and its other authors had received much of their formal political education and experience in France, and Houphouët-Boigny himself had served in successive French governments in the 1950s. Not unexpectedly, the 1960 Constitution was largely taken (often verbatim) from the 1958 constitution of the Fifth Republic of France
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
. Like its French counterpart, the Ivoirian Constitution declares that all power derives from the people and is expressed through universal suffrage. It also mandates the separation of executive and legislative authority with limits on the power of the former.
In its preamble, the Constitution proclaims its dedication to liberal democratic principles and inalienable human rights as expressed in the 1789 Declaration of the Rights of Man and of the Citizen
Declaration of the Rights of Man and of the Citizen
The Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
and the 1948 Universal Declaration of Human Rights
Universal Declaration of Human Rights
The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
. Under the rubric "Of the State and Sovereignty," the initial articles of the Constitution describe the symbols of the state—the flag, the motto, and the national anthem—and name French
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
the official language. Articles 3 through 7 delineate the fundamental rights and principles pertaining to Ivoirian citizenship: universal suffrage, popular sovereignty, and equality before the law. Significantly, in light of the government's subsequent coercive support of a single political party, Article 7 of the 1960 Constitution formally allows a multiparty system.
The first chapter of the Constitution directs that the government consist of executive, legislative, and judicial branches. The three subsequent chapters of the Constitution list the powers accruing to each. The Ivoirian Constitution provides for a strong executive, although it couches the language of power in democratic terms. For example, in keeping with the articulated principle of popular sovereignty, the Constitution provides that the National Assembly shall vote laws and consent to taxes but then limits the assembly's power by specifying exactly the matters on which the legislature may act. Matters constitutionally excluded from the legislature's purview automatically fall within that of the executive and are dealt with either by decree or by regulation. The Constitution also stipulates that the executive and the National Assembly share the power to initiate legislation, but the pertinent article appears in the chapter dealing with executive—not legislative—responsibilities. In fact, for most of Côte d'Ivoire's brief history as an independent republic, nearly all legislative programs have originated with the president and have been rubber-stamped by the assembly.
The Constitution also calls for a separate judiciary. As with the legislature, however, the Constitution makes the judiciary subordinate to the individual who guarantees its independence, that is, the president. The Constitution neither establishes nor protects a judiciary independent of or opposed to the government. The Constitution does provide for the Supreme Court and a subordinate court system; nevertheless, it does not stipulate the exact structure of the judiciary, a task that officially was to be done by the National Assembly. In fact, the assembly simply approved the president's plan.
The ninth chapter of the Constitution establishes the Economic and Social Council (Conseil Economique et Social), the purpose of which is to advise the president on matters pertaining to economic development and social change. The final two chapters provide procedures for amending and adopting the Constitution.
2000 Constitution
Following the bloodless coup of 1999, General Robert GuéïRobert Guéï
Robert Guéï was the military ruler of the Côte d'Ivoire from December 24, 1999 to October 26, 2000.Guéï was born in Kabakouma, a village in the western Man region, and was a member of the Yakouba tribe. He was a career soldier: under the French administration, he was trained at the Ouagadougou...
formed a government of national unity and promised open elections. A new constitution was drafted and ratified by the population in the summer of 2000.
Côte d'Ivoire's constitution of the Second Republic (2000) provides for a strong presidency within the framework of a separation of powers. The executive is personified in the president, elected for a 5-year term. The president is the head of state and commander in chief of the armed forces, may negotiate and ratify certain treaties, and may submit a bill to a national referendum or to the National Assembly
National Assembly of Côte d'Ivoire
The National Assembly of Côte d'Ivoire is Côte d'Ivoire's unicameral legislative body. Evolved from semi-representative bodies of the French Colonial period, the first National Assembly was constituted on 27 November 1960 with 70 elected member in accordance with the Constitution of 31 October...
. According to the constitution, the president of the National Assembly assumes the presidency for 45–90 days in the event of a vacancy and organizes new elections in which the winner completes the remainder of the deceased president's term. The president selects the prime minister, who is the head of government. The cabinet is selected by and is responsible to the prime minister.
The unicameral National Assembly is composed of 225 members elected by direct universal suffrage for a 5-year term concurrently with the president. It passes on legislation typically introduced by the president, although it also can introduce legislation.
The judicial system culminates in the Supreme Court. The High Court of Justice is competent to try government officials for major offenses. There is also an independent Constitutional Council which has seven members appointed by the president that is responsible for, amongst other duties, the determination of candidate eligibility in presidential and legislative elections, the announcement of final election results, the conduct of referendums, and the constitutionality of legislation.
For administrative purposes, Côte d'Ivoire is divided into 19 regions
Regions of Côte d'Ivoire
||Côte d'Ivoire is divided into nineteen regions :The regions are further divided into 81 departments.-External links:...
and 90 departments
Departments of Côte d'Ivoire
The regions of Côte d'Ivoire are divided into 81 departments .A 1978 law created 27 self governing Communes in Cote 'Ivoire , alongside Sous-Prefectures, dividing each of the Departments. The Commune, , is administered by a Municipal Council, presided over by a Mayor...
. Each region and department is headed by a prefect appointed by the central government. In 2002, the country held its first departmental elections to select departmental councils to oversee local infrastructure development and maintenance as well as economic and social development plans and projects. There are 196 communes
Communes of Côte d'Ivoire
The Communes of Côte d'Ivoire are the third-level units of administratiion in Côte d’Ivoire. The Departments of Côte d'Ivoire are split into communes.- A :* Abengourou* Abié* Abigui* Abobo* Aboisso* Aboisso-Comoé* Abolikro* Abongoua* Abongoua...
, each headed by an elected mayor, plus the city of Abidjan
Abidjan
Abidjan is the economic and former official capital of Côte d'Ivoire, while the current capital is Yamoussoukro. it was the largest city in the nation and the third-largest French-speaking city in the world, after Paris, and Kinshasa but before Montreal...
with 10 mayors.