INTRODUCTION

In this chapter we will examine the effectiveness of the Legislative autonomy in Cameroon. This chapter answers the third research question. We would examine the legal and institutional structures that guarantees the independence of the Legislative organ. We will examine the relationship between the executive and the Legislative and also how the executive dominates the Legislative arm of Government.  It will be realised that most of the criticisms with regards to the Executive hegemony over the other two arms of government is drawn from the Constitution. The Constitution is defined by Black’s Law dictionary as the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.[1] The constitution makes a distinction between the executive power and the Legislative as from article 26 and 27 of the Constitution. While the most important power is to legislate (Le Pouvoir Legislative) while the executive’s power is to issue rules and regulations (le Pouvoir Reglementaire).[2] This brings us to examine the different ways in which the arms of government carry out their individual functions and also the executive dominance over the legislative.

3.1 Legislative Autonomy in Cameroon

3.1.1 Legal Structures

1. The Constitution of Cameroon

Firstly, the Constitution of the Republic of Cameroon in its part 3 provides for the Legislative autonomy. It recognises the legislative as an independent organ in its section 14(1), “Legislative power shall be exercised by the Parliament which shall comprise of two houses: the National Assembly and the Senate”. This indicates that the Legislative power which makes laws, rest in the hands of Parliamentarians. Equally, according to section 4 of the Cameroon Constitution, State power is exercised by the President of the Republic and the Parliament meaning the Parliament acts independently in Carrying out state affairs.[3]

Despite the provision of section 2(1) of the Constitution which states that “National sovereignty shall be vested in the people of Cameroon who shall exercise either through the President of the Republic and members of Parliament or by way of Referendum. No section of the people or any individual shall arrogate to itself or himself the exercise thereof” the Parliament of Cameroon acts with consideration of national interest and not to please the people, thus each member of the National Assembly represents the entire Nation and therefore protects the interest of the Nation at all times. This is backed by section 15(3) of the Constitution which states that “any imposed mandate shall be null and void”.[4] Thus this section guarantees the independence of the legislative from the people and the executive as seen above.

1. The Standing Order of Parliament and the Senate

 The Standing Orders of the National Assembly is an independent set or rules and regulations which conducts and controls the affairs of members of Parliament. They are the written rules which regulate the proceedings of each house. The Standing orders of Parliament in Cameroon is regulated by Law no. 73/1 of June, 1973 as amended by Law No. 2014/016 of 9^th September 2014. Thus, looking at the provisions of the National Assembly, it could be justified that the Legislative have their rules and regulations and do not follow any other rules from government.[5]

Therefore, the standing orders are a working manual from the Legislative in Cameroon. And also, the Constitutional Council is there to act as a check on the constitutionality of the Standing Orders of the Parliament and the Senate to see that the standing Orders are in line with the Constitution. The Constitutional council is responsible of disputes with Parliamentary election and the actions of the Parliament such that they have no influence in performing their duties which guarantees them their independence. This could be seen where the Constitutional Council declared the Standing Orders of 2002 on the validation of Parliamentary mandates unconstitutional. Thus, guarantee the independence of the Legislature in Cameroon.

[1]Black’s Law Dictionary, 9^th edition 2009, pg. 353

[2]Researching Cameroonian Law available at https://www.nyulawglobal.org/globalex/Cameroon.html assessed on the 27th August 2020

[3] Law no. 96/6 of 18^th January 1996 to amend the Constitution of 2^nd June 1972, section 14

[4] Ibid

[5] Law no. 2014/016 of 9^th September 2014 on the Standing Orders of the National Assembly