Abstract

ABDILLAHI BAHDON, Mohamed. Resolution of Legal and Political Conflicts by the Constitutional Justice of the Republic of Djibouti. Cuest. Const. [online]. 2020, n.42, pp.39-72.  Epub Mar 09, 2021. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2020.42.14336.

Unlike an authoritarian regime, in the “democratic” regime, conflict is part of the political game. It is based on peaceful opposition between actors in the sociopolitical scene. This article analyzes the role of the Constitutional Council of the Republic of Djibouti in the resolution of legal and political conflicts. The first part is devoted to the need for constitutional justice and its importance in a non-authoritarian regime. This is an important question. In the second part, the evolution of perception on justice in this country will be analyzed between two different contexts 1977 and 1992. The fourth part deals with the elements of definition of the legal and political conflict in a political regime where it is a fact to be managed by a jurisdictional institution. In the fifth part, the mechanisms provided by the constitution and the organic laws, mechanisms translating an apparent cultural change of the members of the political elite, will be dealt with. The subject dealt with in Part Six is exclusive electoral jurisdiction, which is one of the hotbeds of legal and political conflict. And finally, the seventh part will analyze the resolution of these conflicts by the recourse to the resources that the actors and the candidates have. These are ways of peaceful resolution.

Keywords : Conflict; Exclusive Jurisdiction; Electoral Disputes; Peaceful; Opposition; Referrals; Peaceful Resolution.