CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE _____________________________________________________________________ 233. The National Assembly is not playing its role very effectively in the streamlining of legislative procedures. Almost all laws passed by the National Assembly are of governmental origin, with legislative proposals included in the parliamentary agenda being extremely scarce. The same weakness is also apparent with regard to amendments to bills. Furthermore, parliamentary initiatives in terms of constitutional revision are also rare. The parliamentary opposition is weak and divided and therefore does not play its role as a vigilant sentinel, bearing in mind that the constitutional mission of Members of Parliament (MPs) is to monitor the government. Control is basically restricted to the use of information-control mechanisms employing written, oral or topical questions. These mechanisms allow only punctual information to be obtained and are generally superficial. The possibility of commissions of investigation is largely under-exploited by MPs, yet there are many problems, malfunctions or facts that warrant investigation. 234. As regards mechanisms holding the government accountable before the National Assembly, that is, through motions of censure and votes of no confidence, these have been streamlined by the constitution so that government stability cannot be compromised by a facility that is so big that it may overthrow the government. Also, the responsibility of the government to Parliament seems more theoretical than real, given the situation of parliamentary majorities. 235. Independence of the judiciary. The judiciary is undoubtedly the most fragile pillar of the regime, because of the many problems that adversely affect its effectiveness. In Burkina Faso, the judiciary is entrusted to judges over the entire national territory under legal and administrative jurisdictions. These courts are: (i) the Court of Annulment, a higher court of the judicial system; (ii) the State Council, a superior court of the administrative order; (iii) the Audit Office, a higher court with control over public finances; and (iv) the courts and the tribunals. The composition, organisation, functions, operation and procedures applicable to each jurisdiction in the above list are determined by an organic law that guarantees independence of the courts. The same is true of the status of judges. However, matters relating to the headquarters, the jurisdiction and composition of courts and tribunals are determined by an ordinary act, namely that of 17 May 1993 on judicial organisation. 236. The judiciary is independent under Article 129 of the constitution. It is also the guardian of individual and collective liberties. Sitting judges are subordinate in the exercise of their functions only to the authority of the law and cannot be dismissed. According to Article 131 of the constitution, the president of Burkina Faso is the guarantor of the independence of the judiciary. He is assisted in this regard by the Supreme Council of Magistracy (CSM), over which he presides, assisted by the custodian of the seals and the minister of justice, who is the vice-chairperson. The former presidents of the three higher courts sit on the CSM as ex officio members, as well as the attorney general of the Court of Annulment. In addition, a person external to the judiciary and appointed by the president of Burkina Faso is a member of the CSM. 119