CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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to two of their major weaknesses, namely the absence of a tactical and
strategic sense and, most importantly, their inability to unite.
•
The great disparities in resources between the candidates/parties make the
game unfair: even if the institutions of power have privileged access to the
state audiovisual media as regards the dissemination of information
regarding power, it must be recognised that a major effort should be made
to ensure the provision of balanced information at election time. Election
campaigns and election results often give rise to serious controversies
about the role of money in elections, the cost of election campaigns and
the appropriateness of expenditure ceilings. Without mechanisms of
control and accountability, such a resource can introduce distortions in the
political game and vitiate the democratic process by allowing the ‘sale’ of
votes to the highest bidder.
•
The lack of voter education, without which an election is a sham. Although
casting a vote is an individual act, it takes place in a communitarian
environment that is open to illegitimate manipulation by traditional and
religious authorities as well as by the more affluent candidates/parties.
166.
The rule of law and supremacy of the constitution. The adoption of the
constitution of 2 June 1991 heralded the beginning of a process of
democratisation marked by the organisation of several electoral consultations
in order to lay the foundations of a pluralist democracy. However, practice and
constitutional interpretations of the political regime tend to strengthen the
position of the Executive. The same is true as regards the practice of
constitutional revisions under the Fourth Republic.
167.
In fact, the constitution has been the subject of several revisions:
168.
•
Law 002/97/ADP of 27 January 1997 among other things removed the
limitations clause relating to the number of presidential mandates.
•
Law 003-2000/AN of 11 April 2000 among other things reinstated the
limitations clause relating to presidential mandates and made provision for
a five-year mandate as opposed to a seven-year mandate. It has also
divided the Supreme Court into three higher courts – the State Council, the
Court of Annulment, and the Audit Office – and has created a
Constitutional Council.
•
Law 001-2002/AN of 22 January 2002 among other things abolished the
House of Representatives and, consequently, bicameralism.
The contribution of the Constitutional Council to the entrenchment of
constitutionalism in Burkina Faso has been mixed. What is surprising is the
impressive amount of advice provided by it in contrast to the limited number
of rulings handed down. This shows that the institution is still in the process of
planning to gear up. The limited representation of the opposition deprives such
opposition of the possibility of referring matters to the Constitutional Council.
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