The revision of the Constitution is among the issues that are chronic in Congolese political circles. Evariste Boshab contributed by publishing a new book in which several questions to find their answers.
The scientific, legal and literary families Congolese come to welcome a newborn. This is the book “between the revision of the constitution and the starvation of the nation”, from the pen of Professor Evariste Boshab.
The official ceremony of the baptism of this book took place, on Wednesday, June 19, 2013 in Kinshasa. The auditorium of the River Congo Hotel served as framework for this ceremony. Several scientific and political personalities took part.
Preface by Henri Simonart, Professor at the Catholic University of Leuven, this new publication of 140 pages is a “door open on the future so that the Constitution can be sclerosis” contains five chapters. This book shows the perverse effects of democracy on injunction and the difficulties of rooting of African constitutionalism, as long as the judge of the Constitution is not the governmental supervision freed.
Addressing the reasons which led to the constitutional amendments of February 18, 2006, Chapter 3, Evariste Boshab establishes the difference between the opinion of the always legitimate Church and the still sovereign people. He railed against a certain ‘constitutional fetishism”, recognizing at the same time the existence of the problem articles.
“This book is a critical tool of the theories on the constituent power and the power of review, but also a forward-looking instrument, having regard to the retivite of African leaders hard to reconcile with the imperative of the rule of law in a democracy. “Getting so many questions which, without having found definitive answers, however have the advantage of inciting reflection facing fetishism and magical incantations that furnish the African constitutions, particularly that of the DRC”, said Evariste Boshab.
One of the major preoccupations of go into this book remains the issue of intangible clauses. “Can we put a lock without the ability to unlock it?”, asks the author.
In his note of reading, Professor Nyabirungu noted that the title given to this book deserves the attention of all. “Clear, well written, this book is an African reflection on the Constitution and the possibilities of its revision”, he said.
Evariste Boshab notes that the revision of the Constitution is inviolable taboo, especially in sub-Saharan Africa, where its mere evocation raises passions and inexplicable feelings.
“A heavy suspicion hangs over any constitutional revision. EC, since the epidemic of sovereign national conferences gave voice to the chapter once silenced peoples, noted the author. Song of awakening of the people, added, the Constitution acquires the status of an impregnable Citadel, and yet the fortifications are not eternal.
Professor Boshab argues that they are always to be redone to reflect the corrosive effect of time on all the monuments. This explains, he said, inflation considered intangible constitutional provisions, both as one of the relevant features of the new African constitutionalism and a way to ensure the alternation.
Evariste Boshab is Professor at the Faculty of law at the University of Kinshasa (Unikin). Member of national and honorary president of the National Assembly, Boshab is contributor to the support cell scientist Africa – Caribbean (CAPAC) of the University of Liège (Belgium).