SUPRA-CONSTITUTIONALITY AND ITS IMPLICATIONS ON NATIONAL SOVEREIGNTY IN THE DEMOCRATIC REPUBLIC OF CONGO

Abstract

Supra-constitutionality refers to the primacy of certain norms over constitutional provisions, suggesting that international treaties and conventions, for instance, may supersede the fundamental laws of individual states. In the Democratic Republic of Congo (DRC), this dynamic often leads to tensions between decisions made by international institutions and the sovereignty of the state. Using methods such as documentary analysis, case studies, semi-structured interviews, and both qualitative and quantitative data analysis, this study highlights the critical need to examine the impact of supra-constitutionality on national sovereignty in the DRC. The findings underscore the importance of legal and constitutional mechanisms to preserve national sovereignty while addressing the challenges posed by supra-constitutionality. This research advocates for a balanced approach that respects international commitments while safeguarding the integrity of the Congolese constitutional and legal framework. Strengthening transparency and inclusiveness in the negotiation and adoption of international treaties is proposed to ensure alignment with national interests and sovereignty. Furthermore, mechanisms for monitoring and evaluating the conformity of such treaties with the Congolese Constitution are essential to mitigate potential conflicts. Promoting dialogue and fostering consensus among stakeholders within Congolese society is crucial to addressing issues related to supra-constitutionality and national sovereignty. This study emphasizes the need for collaborative governance to ensure that both international obligations and national autonomy are respected.