constituteproject.org
PDF generated: 14 Oct 2013, 20:27
Article 104
The Constitutional Court is the jurisdiction given the charge of seeing to respect for the provisions of
the Constitution.
The Constitutional Court judges the regularity of the referendum consultations, [and] of the
presidential, legislative and senatorial elections. It decides on the challenges to these consultations
and elections.
It is the judge of the constitutionality of the laws.
The laws may, before their promulgation, be deferred to the Constitutional Court by the President of
the Republic, the Prime Minister, the President of the National Assembly or one-fifth (1/5) of the
members of the National Assembly.
To the same ends, the organic laws, before their promulgation, and the internal regulations of the
National Assembly and of the Senate, those of the High Authority of Audiovisual and of
Communications [Haute Autorité de l'Audiovisuel et de la Communication] and of the Economic and
Social Council, before their application, must be submitted to it.
In the course of a judicial instance, any physical or moral person may, "in limine litis", before the
courts and tribunals, raise the exception [pleadings] of the unconstitutionality of a law. In this case,
the jurisdiction suspends its judgment and refers [the matter] to the Constitutional Court.
The Constitutional Court must decide within a time period of one month[;] this time period may be
reduced to eight (8) days in case of urgency.
A text declared unconstitutional may not be promulgated. If it has already been implemented, it must
be withdrawn by juridical ordinance.
Article 105
The Constitutional Court emits opinions on the ordinances taken by virtue of Articles 69 and 86 of
this Constitution.
Article 106
The decisions of the Constitutional Court are not susceptible to any recourse.
They impose themselves on the public powers and on all the civil, military and jurisdictional
authorities.
Togo 1992 (rev. 2007)
Page 23