Constitutional Law at Djibouti
Constitutional law in Djibouti is based on its 1992 Constitution, which established the framework for a semi-presidential republic. Here’s a brief overview of the key elements of Djibouti’s constitutional system:
1. Foundational Principles
Djibouti is a unitary state with Islam as the state religion.
The Constitution guarantees multi-party democracy, although the political environment has often been dominated by a single party or coalition.
It affirms the separation of powers between the executive, legislative, and judicial branches.
2. Executive Branch
The President of the Republic is both the Head of State and holds significant executive power.
The President is elected by universal suffrage for a five-year term (changed from six years in 2010).
There is also a Prime Minister, who is appointed by the President and helps manage government operations.
3. Legislative Branch
The National Assembly is a unicameral legislature responsible for passing laws and overseeing the government.
Members are elected for five-year terms.
The legislative branch has limited power in practice due to the dominance of the executive.
4. Judicial Branch
Djibouti has a Supreme Court and a Constitutional Council.
The Constitutional Council reviews the constitutionality of laws and treaties.
In theory, the judiciary is independent, but in practice, it is influenced by the executive.
5. Rights and Freedoms
The Constitution provides for civil liberties such as freedom of expression, assembly, and religion.
However, these rights are often restricted in practice, particularly for opposition groups and the press.
6. Amendments and Reforms
The Constitution can be amended through a referendum or by a two-thirds majority in the National Assembly.
A notable amendment in 2010 removed term limits for the presidency, allowing President Ismaïl Omar Guelleh to extend his time in office.
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