CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ Article 125 states that the judiciary is independent of the legislature and the Executive. Judicial power is exercised by the Supreme Court, as well as by courts and tribunals established in accordance with the constitution. 211. Two establishment acts set out the conditions for this independence and the accompanying guarantees. The separation of powers is thus established by very detailed legal provisions. 212. The Constitutional Court, the principal court on constitutional matters, is the main mechanism for conflict resolution in government institutions. On the basis of Article 114 of the constitution – which stipulates that the Constitutional Court is the body that regulates the operations of institutions and activities of public authorities – the court develops precedents to support the independence of each of the powers. 213. The president of the republic, who is both head of state and head of government, is the only member of the Executive to whom cases of conflict between government bodies can be referred. However, a practice has evolved whereby one of the ministers has the position of coordinator of government activities and is the first port of call for resolving the problems that come up within the governmental structure. Box 3.4: The government’s working charter Preaching good governance from the top by example The government’s working charter – recently initiated by Dr Boni Yayi’s government and signed by all members of the Council of Ministers on 19 June 2007 – demonstrates the commitment of the president and his ministers to implementing the provisions of the preamble to the constitution. This states that conscience, competence, probity, sacrifice and loyalty in the interest of the common good are essential if the legitimate aspirations of the people of Benin are to be realised. Members of government must declare their faith in the 10 cardinal values listed below as a demonstration of their total commitment to the success of the president’s programme: (i) public interest takes priority in every decision or action; (ii) liability in the performance of duties in accordance with the principle of accountability; (iii) integrity, as members are role models in society and champions of public morals; (iv) equity, demonstrated by a desire for social justice and fairness; (v) solidarity in government action; (vi) transparency as a symbol of good governance and a reflection of the legitimacy of decisions and actions ; (vii) openmindedness, characterised by objective dialogue based on ‘republican concepts’; (viii) civility, reflected in administrative decorum, courteousness and respect for the president of the republic; (ix) confidence in self, colleagues and partners, without losing sight of the importance of checking oneself and others; and (x) accountability with regard to the right of the people to information. In a society characterised by high levels of corruption, to which it is seeking solutions, political leaders would set a clear example if they translated their commitment into action – a characteristic of dynamic and honest leadership. 93