C. Alleged violation of the obligation to guarantee the independence of the
legislature vis-à-vis the executive
96.
The Applicant alleges that since the adoption of Constitutional Law No.
6/2011 of 16 December 2011 pertaining to the provisional organisation of
public authority, the Respondent State has engaged in a vast scheme to
dismantle constitutional institutions thereby trampling on the rule of law and
all the principles of separation of powers. She maintains that decrees issued
by the Head of State have had the effect of abolishing the bicameral
legislature and replacing Parliament with a constituent National Assembly.28
*
97. The Respondent State contends that the principle of non-interference is a
concept that is held to be at the heart of the internal authority of the State to
safeguard its independence and sovereignty. It is the Respondent State’s
contention that the only exception to this principle is when State undertakes
actions that threaten international peace and security or commits acts of
aggression against another State.
98. The Respondent State also asserts that its Constitution enshrines the
independence and separation of powers and that no one may interfere in
the exercise of the internal authority of a State with a view to compel it to
discuss issues relating to the independence of its institutions under the
Charter.
***
99. The Court emphasises that separation of powers is of capital importance in
a democratic society, since it ensures balance of power between the
executive and the legislature as well as their proper functioning.
28
Decree-Law of 23 March 2011 and the election of members of the National Constituent Assembly on
23 October 2011.
26