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The Congolese Political Systems

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  1. Intoduction
  2. PART I: The Kyoto Protocol
    1. Global warming
    2. The vertices of the earth
    3. The contents of the Protocol
  3. PART II: American diplomacy around the Kyoto Protocol
    1. General Remarks
    2. The positions of the presidents of the United States before the Kyoto Protocol
    3. The presidencies of Bill Clinton (1993-2001)
    4. The term of George W. Bush (2001-2009)
  4. Conclusion

The political and constitutional development of the Republic of Congo appears to contain full of lessons for any observer, especially for the lawyer. Different political regimes that have succeeded since the accession of the former territory of the Middle Congo to independence are indeed shown by the existence of a workshop for constitutional consequence of the 'constitutional instability' that characterizes this State. Five republics organized by different constitutional laws succeed from 1960 to 2002. The majority of these constitutions are satisfied with the consequences of overthrowing the constitutional order. It is undisputed that the chaotic evolution of politics creates favorable conditions for coups, insurgencies and the other coups that disrupt the regular functioning of government. The alternation is therefore primarily violent. To overcome the legal vacuum as a result provisional constitutions are developed. They meet organic criteria which are formal and material. From organizational point of view, the Transitional Constitution of the Republic of Congo was adopted by a de facto authority. This, according to the phase contains the Head of the Provisional Government, the National Council of the Revolution, the Central Committee of the Congolese Labor Party or the Military Committee of the Party. This de facto political authority supersedes the constituent institutions of the previous regime it always prefer wealthy constituent power. Invested political legitimacy which is arising includes territorial control; power transition ensures the representativeness of the entire nation. The declarations of recognition, which emanate from foreign states, allow it to act globally and take advantage of multiple supports. Internally, the transitional institutions are developing and adopting the draft constitution aimed at organizing the constitutional final order. Congolese interim constitutions highlight the lack of rigorous formalism. During the period known as the Statute of Autonomy, Republic of the Congo was organized by twelve Constitutional Laws. Subsequently, we observe the adoption of Ordinance, Acts and Proceedings of Fundamentals. The absence of a preamble characterizes the Constitution Acts of 1958-1959 and the Fundamental Act of 5th August 1968. It is different from Ordinance No.
63-2 of September 11th, 1963 and the Basic Act of 24th October 1997, each of them include a preamble. We also note that according to preliminary plans established, one or more instruments are adopted. The Fundamental Act of June 4th, 1991 on the organization of government during the transition period is thus distinguished by twelve Constitution Acts during 1958-1959 and the three acts that organize the transition between the Second and the Third Republic. The interim constitutions have the primary purpose of organizing the transition period, marked by the end of a political regime and the beginning of a new Republic which is necessarily accompanied for more or less long term. Congolese interim regimes organize a system of confusion of authority to the transitional institutions. Their systematic institutionalization by the de facto authorities, follows the repeal of the current Constitution, the phrase appears as a mandatory practice as an integral component of a constitutional convention. After the analysis, there are seven successive constitutions that spend the new political and constitutional Republic of Congo, whose proposes is to organize the final state even if the reality testifies that the bet on the sustainability of the institutions need not always observed. We note that the Congolese have experienced five political regimes since 1960. Their successive choices reveal their clear preference for presidentialism relatively over parliamentarism (I) and the long interlude of the party-state regime (II

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