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Ivory Coast
Index
On October 31, 1960, the National Assembly of Côte
d'Ivoire
adopted the Constitution establishing an independent
republic. The
1960 Constitution calls 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.
HouphouëtBoigny 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.
Data as of November 1988
Mural honoring President Felix Houphouët-Boigny
Courtesy Eszti Votaw
The Constitution
On October 31, 1960, the National Assembly of Côte
d'Ivoire
adopted the Constitution establishing an independent
republic. The
1960 Constitution calls 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.
HouphouëtBoigny 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.
Data as of November 1988
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