Restoring Constitutional Order after Coups
Following successive military coups, Mali, Chad and Burkina Faso have embarked on complex constitutional transitions intended to restore constitutional and democratic order. This report offers a comparative analysis of Mali’s 2023 Constitution, Chad’s 2023 Constitution and Burkina Faso’s 2017 draft Constitution, assessing their potential to address severe security, economic and environmental crises while safeguarding democratic governance.
The report finds that, although the three texts differ in important ways, each concentrates significant power in the presidency, provides weak constitutional guarantees for decentralization and leaves many core democratic institutions and procedures to be defined by legislation. It highlights the risks of executive dominance, insufficient checks and balances, and limited protection for rights, while underscoring the importance of inclusive constitution-making processes capable of supporting both effective governance and long-term constitutional democracy.
Details
Staff author
Contents
Executive summary
Introduction
1. Structural analysis
2. Fundamental rights and freedoms
3. The design of the semi-presidential system in Chad and Burkina Faso.
4. The design of the (hyper-)presidential system in Mali
5. Presidential term limits
6. Emergency powers
7. The armed and security forces
8. The independence of the judiciary
9. Judicial review system
10. Fourth-branch institutions
11. Status and rights of the parliamentary opposition
12. Form of the state and decentralization
13. Constitutional reform
14. Conclusion
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