Research Proposal on "Aspect of Legal System in Democratic Republic of Congo"

Research Proposal 5 pages (1246 words) Sources: 4 Style: MLA

[EXCERPT] . . . .

Legal System in Democratic Republic of Congo

Administrative Law

administrative law in the democratic republic of the congo

The Democratic Republic of Congo (DRC) was known previously as Zaire. This area is situated right on the equator in Central Africa. The Pygmies were the first inhabitants of this area of the world and were individuals that resided on the outer edge of the forest located on the Equator as well as other part of the Democratic Republic of Congo. The Democratic Republic of the Congo is a "nominally centralized republic with a population of approximately 60 million." (U.S. Department of State, 2009) Following two wars, the first from 1996-1997 and the second from 1998 to 2003, the Democratic Republic of Congo (DRC) organized its first elections which is "labeled as 'free, democratic and transparent' after more than 40 years." (Media Sustainability Index, 2006-2007) president was elected "...by universal franchise for a five-year term and a national assembly of 500 representatives, a Senate, provincial assemblies, and provincial governors were installed, thus inaugurating the era of the Third Republic." (Media Sustainability Index, 2006-2007) It is reported that there were some complications during the elections and a scandal occurred relating to the "seating of provincial governors. In some provinces, local electros who voted for provincial electros noticed discrepancies in the final results. Serious suspicious of massive corruption and faulty conscience hung over the presidential majority." (Media Sustainability Index, 2006-2007) It is reported that a panel was formed and indicators scored by the panelists. Arising from the panel was an agreement on the part of all participants that the 'greatest weakness in the DRC is generally the application of the laws and the impunity of the lawbreakers." (Media Sustainability Index, 2006-2007)

I. ADMINISTRATIVE LAW IN THE DRC

Administrative law in the DRC is the branch of law which provides the definition and regulation of public administrative law. The DRC Constitution, in Article 193 provides a definition for the administration as being comprised by the civil service and other organizations and services. Therefore, the administrative law is applicable to "among other areas, the management and delivery of public services, tenders, and the status of civil servants." (Zongwe, Butedi and Phebe, 2007) Additionally provided for in the DRC Constitution is that "the Congolese public administration is apolitical, neutral, and impartial." (Zongwe, Butedi and Phebe, 2007)

The mandate of the state to "enact important legislation (loi organique) derives from the Constitution "...on the organization, function of national, provincial and decentralized administrative entities." (Zongwe, Butedi and Phebe, 2007) Presently public administration is being modernized by the government of the DRC and stated as the "most important and challenging reform" upon which the government has embarked is the decentralization of government in the DRC. Constitutional law and administrative law are stated to be very closely linked since the concern of administrative law is efficiency of the administration of law as well as "the respect by the Congolese administration of the citizens' fundamental rights, as provided for in title II of the Constitution.

II. PRIMARY SOURCE OF ADMINSTRATIVE LAW IN THE DRC

The primary source of administrative law in the DRC is stated to be the Constitution:

1) Primary legislation (loi organique or loi ordinaire);

2) Subordinate legislation such as ministerial regulations, decrees (decrets-loi) or municipal by-laws; and 3) General principles of administrative law. (Zongwe, Butedi and Phebe, 2007)

The principles of law (principes de bonne administration) have been developed by interpretation by the Court of Appeals (Cour d'Appel) and the Supreme Court. (Zongwe, Butedi and Phebe, 2007; paraphrased) These principles are of a nature that must be respected by and within the process of the administration.

III. TWO TYPES OF ADMINSTRATIVE LAW

According to Zongwe, Butedi and Phebe (2007) there… READ MORE

How to Reference "Aspect of Legal System in Democratic Republic of Congo" Research Proposal in a Bibliography

Related Research Proposals:

Egypt Is Going Dissertation

Egypt is going to take in order to secure its interest in the Nile waters and in the Nile Basin countries, especially after the change of regime and the uprising… read more

Dissertation 36 pages (9929 words) Sources: 30 Topic: Israel / Palestine / Arab World

---

CPI and Global Economy Essay

The obvious conclusions to be drawn from this information is that global corruption is a serious problem, and that changing these normative societal states will be an enormous challenge. For… read more

Essay 13 pages (5226 words) Sources: 1+ Topic: Economics / Finance / Banking

---

Mara Salvatrucha and 18th Street Gangs: Threat to National Security? Thesis

predominantly Latino Gangs, Mara Salvatrucha (aka MS-13), and the 18th Street Gang operating on the streets of communities across America. This study is significant because it will provide a snapshot… read more

Thesis 40 pages (17380 words) Sources: 40 Style: APA Topic: Crime / Police / Criminal Justice

---

Failed Term Paper

Rotberg 'failed nations'

ROTBERG (2002)

THE NEW NATURE OF A NATION-STATE FAILURE"

The reading which this works describes is the work of Robert I. Rotberg entitled "The New Nature of… read more

Term Paper 7 pages (2918 words) Sources: 1+ Topic: Government / Politics

---

Hezbollah Financing Diamond Trade in West Africa Term Paper

Hezbollah Financing:

Diamond Trade in West Africa

While there has been an increasing amount of research in recent years concerning the nature of organizations and the networks that help them… read more

Term Paper 13 pages (3549 words) Sources: 1+ Topic: Terrorism / Extremism / Radicalization

---

View 100+ more related papers  >>