CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ 206. With regard to the independence of the legislature, the National Assembly is certainly independent. The constitution even accords it one section (Section 5) just as it does the Executive. Its functions – the exercise of legislative authority and control of government activities – are set out in the constitution. The National Assembly passes its own bylaws but is controlled by the Constitutional Court, as is stipulated in the constitution. However, a large number of Beninese nationals believe that the National Assembly is not playing its role of watchdog over government activities effectively. This gives rise to a need to enhance the functions of the National Assembly to include monitoring the implementation of the national budget. 207. With regard to the independence of the judiciary, most Beninese citizens see the judiciary as an extension of the Executive, since the Executive wields some influence over it – despite the existence of a law that establishes its independence. The CSAR focuses on a number of problems plaguing the judicial system. These include corruption, disputes about jurisdiction, and the weakness of the judiciary. To strengthen the judiciary and make it independent, it has become necessary to make the president of the Supreme Court the chairperson of the JSC, to dismiss unscrupulous judges and encourage the honest ones, and to highlight the best practices of the judiciary in order to enhance the confidence of the citizens in their justice system. ii. Conclusions of the CRM Constitutional provisions establishing the separation of powers 208. Available documents provide a wealth of information about the existing constitutional and legislative provisions on the separation and balance of powers in the country. Each of the powers is dealt with in a separate section of the constitution. The supplementary provisions on each power are set out in the establishment acts, which were adopted by a different majority than the majority that passes ordinary laws. The Constitutional Court must ensure that the establishment acts conform to the constitution. 209. Several of the provisions of the 1990 constitution deal with the independence of each power and the differences between the executive, legislative and judiciary functions in a presidential system of government where separation of powers is strictly observed. 210. Article 54 of the constitution states that executive power lies with the president of the republic. He is the head of government and, as such, he determines and implements national policy. Paragraph 5 of the same article says that the duties of the members of government are different from the duties of MPs. Under Article 79, Parliament is formed by a National Assembly whose members are called MPs. It has legislative power and also monitors government activities. Article 92 states that an MP appointed to a ministerial position shall lose the right to sit in Parliament. Similar provisions on the judiciary deal with the differences and independence of Supreme and Constitutional Court members, and members of government or Parliament. 92