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The Constitutional Judge in the Construction of the Rule of Law in Francophone Sub-Saharan Africa: Reflections from the Case of Cameroon

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  • René Tido Batio

Abstract

Aim: This study examines the role of the Cameroonian constitutional judge in the consolidation of the rule of law, with particular focus on constitutional review, electoral adjudication, and the protection of fundamental rights. Methods: The study adopts an evolutionary, historical, exegetical, and comparative approach, while drawing extensively on the case law of the constitutional judge to analyze the contribution of constitutional adjudication to the development of the rule of law in Cameroon. Results: The findings indicate that the work of Cameroon’s constitutional law judges reflects clear progress toward the establishment of the rule of law. Judicial oversight is gradually taking hold across various domains, demonstrating the ability of constitutional judges to peacefully resolve complex political and institutional crises, ensure the smooth conduct of electoral contests, safeguard the fundamental freedoms of individuals and groups, and promote the principles of the rule of law through oversight of constituted powers. However, the study also identifies significant limitations, including the court’s lack of jurisdiction over the review of constitutional norms, the strict interpretation of procedural rules, and challenges arising from potential overlaps and conflicts with other judicial and institutional bodies. Conclusion: The study concludes that although the Cameroonian constitutional judge has become an important factor in democratic governance, the consolidation of the rule of law continues to face substantial institutional and procedural challenges. Despite notable progress, further efforts are required to strengthen constitutionalism and the effectiveness of constitutional justice. Recommendation: The study recommends broadening access to constitutional justice, strengthening judicial independence, and expanding the jurisdiction of the Constitutional Council in order to enhance constitutional governance and further consolidate the rule of law in Cameroon.

Suggested Citation

  • René Tido Batio, 2026. "The Constitutional Judge in the Construction of the Rule of Law in Francophone Sub-Saharan Africa: Reflections from the Case of Cameroon," American Journal of Law and Political Science, Global Peer Reviewed Journals, vol. 5(1), pages 17-40.
  • Handle: RePEc:cjk:ajlaps:v:5:y:2026:i:1:p:17-40:id:545
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