Promoting constitutional democracy : regulating political parties in the Central African Republic and Senegal

Abstract

Constitutions and other legal frameworks are expected to ensure the protection of the fundamental and collective rights of citizens. In this respect, the regulation of political parties is a global phenomenon, which symbolises multi-party democracy, the rule of law and good governance. This article examines the phenomenon of the constitutional and legal regulation of political parties in the Central African Republic (hereafter CAR) and Senegal, two francophone countries with different trajectories and experiences of multi-party democracy. It identifies possible challenges and shortcomings of the regulation of political parties in the two countries, especially in relation to the actual implementation of the existing national frameworks. The article attempts to suggest possible frameworks for an effective implementation of the constitutional and legal rights of political parties, including the constitutionalisation of the enforcement mechanisms, which would undeniably protect the position of political parties in constitutional democracies. In conclusion, the article highlights the role of an independent judiciary in the promotion and protection of the constitutional and legal status of all political parties in the CAR and Senegal.