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Constitution of Mali (1992)

1The following text is from the World Intellectual Property Organization (WIPO), the contents of which, when accompanied by an attributive and non-commercial disclaimer, is generously made available for use. Follow (right-click) the links and read the annotation to learn more.1

2


3THE CONSTITUTION OF THE REPUBLIC OF MALI

4PREAMBLE

5The Sovereign People of Mali, fortified by their traditions of heroic struggle, committed to remain faithful to the ideals of the victims of repression and the fallen martyrs killed in battle for the advent of a nation of law and of pluralist democracy,


6-affirm the will to preserve and to reinforce the democratic accomplishments of the Revolution of March 26, 1991,

7-solemnly engage to defend the republican form and secularity of the State,
-proclaim their determination to defend the rights of women and children as well as the cultural and linguistic diversity of the national community,
-reaffirm their determination to maintain and to consolidate the national unity,
-commit themselves to assure improvement to the quality of life, the protection of the environment and of the cultural heritage,
-subscribe to the Universal Declaration of the Rights of Man of December 10, 1948 and to the African Charter of the Rights of Man and the People of June 27, 1981,
-reaffirm their attachment to the formation of the African Union, to the promotion of peace, to regional and international cooperation, to peaceful resolutions of the differences of opinion among states in respect to justice, equality, liberty and the sovereignty of the people.

8TITLE I THE RIGHTS AND DUTIES OF HUMAN DIGNITY

9Article 1

10The human dignity is sacred and inviolable.
Each individual has the right to life, liberty, and the security and integrity of his person.

11Article 2

12All Malians are born and live free and equal in their rights and duties. Any discrimination based on social origin, color, language, race, sex, religion, or political opinion is prohibited.

13Article 3

14No one will be put to torture, nor to inhumane, cruel, degrading, or humiliating treatment.
Each individual, each agent of the State who is found guilty of such acts, either on his own initiative, or by another’s command, will be punished at law.

15Article 4

16Every person has the right to freedom of thought, conscience, religion, worship, opinion, expression, and creation in respect to the law.

17Article 5

18The State recognizes and guarantees, under conditions established by law, freedom to come and go, freedom of choice of residence, freedom of association, assembly, following, and demonstrations.

19Article 6

20Residence, property, private and family life, confidentiality of correspondence and communication are inviolable.
They may only be undermined according to the conditions defined by law.

21Article 7

22Freedom of press is recognized and guaranteed.
This is expressed according to the conditions defined by law.

23Equal access for all to the media of the State is assured by an independent organization; that organization shall define the laws which assure such access.

24Article 8

25Freedom of artistic an cultural creativity is recognized and guaranteed. This freedom shall be carried out according to the conditions defined by law.

26Article 9

27Punishment is individual
No one may be pursued, arrested or charged in violation of a law promulgated after the fact.
All accused are presumed innocent until their guilt may be established by a competent court.
The right to a defense, which includes assistance by a lawyer of choice, is guaranteed from the outset of interrogation.

28Article 10

29Any person who objects to an action to deprive them of liberty has the right to be examined by a doctor of their choice.
One may only be detained for more than forty-eight hours as a result of a decision motivated by a Magistrate of the court.

30One may only be detained in a penitentiary by a delivered mandate by a Magistrate of the court.

31Article 11

32That which is not forbidden by law cannot be made a crime, and one may only be constrained for what the law does not permit.

33Article 12

34No one may be forced into exile.
Anyone persecuted because of their political or religious beliefs, their ethnic membership, may benefit from the right of asylum in the Republic of Mali.

35Article 13

36The right to own property is guaranteed. One may only be deprived of that right for the purpose of public utility with just and prior compensation.

37Article 14

38Freedom of enterprise is vigorously guaranteed within the scope of the laws and regulations.

39Article 15

40Every person has a right to a healthy environment. The protection and defense of the environment and the promotion of the quality of life is a duty of everyone and of the State.

41Article 16

42In the case of a reported national disaster, every citizen has a duty to give aid according to the conditions defined by law.

43Article 17

44Education, instruction, training, employment, housing, leisure, health and social protection constitute some of the recognized rights.

45Article 18

46Every citizen has a right to education.
Public education is mandatory, free, and non-religious.
Private education is recognized and it must be carried out according to the conditions defined by law.

47Article 19

48The rights to employment and furlough are recognized and shall be equal for all. Every citizen has a duty to work but one may only be restricted to specific employment in the case of fulfillment of a service of exceptional public interest, equal for all according to the conditions defined by law.

49Article 20

50The freedom of unions is guaranteed. Unions must perform their activities without constraining or limiting others aside from those activities provided by law.

51Article 21

52The right to go on strike is guaranteed. It is vigorously guaranteed within the scope of the laws and regulations.

53Article 22

54Defense of the homeland is a duty of every citizen.

55Article 23

56Every citizen must work for the common good.
Every citizen must fulfill all civic obligations, notably contributing monetary donations.

57Article 24

58Every citizen and every person living in the Malian territory has the duty to respect, in every circumstance, the constitution.

59TITLE II THE STATE AND SOVEREIGNITY

60Article 25

61Mali is an independent, sovereign, indivisible, democratic, secular, social Republic. Its principle is to be a government of the People, by the People and for the People. The institutions of the republic are:
-The President of the Republic;

62-The Cabinet;
-The National Assembly;
-The Supreme Court;
-The Constitutional Court;
-The High Court of Justice;
-The High Council of Territorial Collectives;
-The Economic, Social and Cultural Council.
The National emblem shall be composed of three equal vertical stripes of green, gold and red.
The motto of the Republic is "One People – One Purpose – One Faith" (Un Peuple – Un But – Une Foi). The National Anthem is "LE MALI".
Law will determine the Seal and the Coat of Arms of the Republic.
French is the official language.
Law will determine the method for making official and promoting national languages.

63Article 26

64The Sovereignty of the nation belongs entirely to the People, who shall exercise it through their representatives or by vote of referendum.
No faction nor any individual may exclusively claim this exercise of sovereignty.

65Article 27

66The right to vote is universal, equal and secret.

67According to conditions defined by law, all citizens of voting age are electors demonstrating their civic and political duties.

68Article 28

69The political parties shall concur as to the expression of suffrage. They may form and exercise their activities freely within the conditions determined by law.
They must respect the principles of national sovereignty, democracy, integrity of the territory, national unity, and the secularity of the State.

70TITLE III THE PRESIDENT OF THE REPUBLIC

71Article 29

72The President of the Republic is the Chief of State.
He is the guardian of the Constitution. He embodies the national unity. He is the guarantor of national independence, territorial integrity, and respect for international Treaties and Accords. He keeps watch over the regular functioning of public authority and assures the continuity of the State.

73Article 30

74The President of the Republic shall be elected for five years by direct universal suffrage, by election on a majority basis from two rounds of ballots.
He may only be elected once.

75Article 31

76Every candidate for the office of President of the Republic must be of Malian national origin and must have fulfilled all civic and political duties.

77Article 32

78The Presidential elections shall be between twenty-one and forty days before the exit of the incumbent president.

79Article 33

80The law shall determine the procedure, conditions of eligibility and presentation of the candidacy for Presidential elections, development of the election system, counting of ballots, and proclamation of results. The law shall lay out all the required elements so that elections are free and in order.
The President of the Republic shall be elected by absolute majority of cast votes. If no absolute majority can be obtained after the first round of votes, a second round shall be held, the second Sunday following. This second round is open only to two candidates determined by the largest number of votes.

81If one of the two candidates withdraws, the ballot shall be open to the next candidate coming in order of cast votes.
If, in the seven days preceding the deadline for the declaration of candidacy, one of those, less than thirty days before such date, who has announced publicly his decision to be a candidate, decides not to or finds himself unable to continue, the Constitutional Court shall declare a postponement of the election.

82If, before the first round of ballots, one of the candidates decides not to or finds himself unable to continue, the Constitutional Court shall declare a postponement of the election.
In case of death or an unforeseen preventative obstacle of one of the two favored candidates in the first round of ballots before any possible returns, or one of the two candidates remaining after these returns, the Constitutional Court shall decide whether to repeat the elections.
The convocation of electors is made by decree held in the Council of Ministers.
The Constitutional Court shall control the regulation of these operations, make rulings regarding complaints, and proclaim the results of the election.

83Article 34

84The functions of the President of the Republic are incompatible with the exercise of any other political function, with any elective mandate, with any public use, or with any other lucrative or professional activity.

85Article 35

86During his period of office, the President of the Republic cannot, through himself or another, buy or lease anything which belongs to the State’s domain without prior authorization of the Supreme Court under the conditions laid out by law. He may not participate, through himself or another, in public or private markets for the administrations or institutions under the State’s authority or subject to its control.

87Article 36

88When the President of the Republic is temporarily unable to fulfil his duties, his powers shall be provisionally exercised by the Prime Minister.
In case of a vacancy of the Presidency of Republic for some unforeseen, disruptive cause that is an absolute or unavoidable obstacle, noted by the Constitutional Court, and the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be carried out by the President of the National Assembly.
A new process for election of a new president for a new period of five years shall then commence. The election of the new President shall take place between twenty-one and forty days after the official recognition of the vacancy or preventative obstacle.
In every case of a preventative obstacle or vacancy, Articles 38, 41, 42, and 50 shall not be applied.

89Article 37

90The President Elect shall enter into office fifteen days after the official proclamation of the election results. Before entering into office, he shall declare before the Supreme Court the following oath:
"I swear before God and the Malian People to preserve in perfect fidelity the Republican Regime, to respect and to create respect for the Constitution and the law, to carry out my duties in the superior interest of the People, to preserve the democratic establishment, to guaranty the national unity, the independence of homeland and the integrity of the national territory.

91I solemnly and on my honor commit myself fully to implement the realization of African Unity."
After the inauguration and within a period of 48 hours, the President of the Supreme Court shall publicly announce the oath of the President of the Republic.
This declaration shall be the subject of an annual announcement.

92Article 38

93The President of the Republic shall name the Prime Minister. He shall put an end to the Prime Minister’s functions on presentation by the Prime Minister of the resignation of the Cabinet. On proposition by the Prime Minister the President of the Republic shall name the other members of the cabinet and [also] terminate their functions.

94Article 39

95The President of the Republic shall preside over the Council of Ministers. The Prime Minister will stand in for them under the conditions supplied by this Constitution.

96Article 40

97The President of the Republic shall promulgate the laws within fifteen days following transmission to the Cabinet of the definitively adopted text.
He may, before the expiration of this time period, demand a new deliberation of the law or certain of its articles by the National Assembly.

98This new deliberation may not be refused shall suspend the timeline of the promulgation. In case of urgency, the timeline of promulgation may be reduced to eight days.

99Article 41

100The President of the Republic, by proposal of the Cabinet, during the duration of its sessions or by proposal of the National Assembly, after the opinion of the Constitutional Court is published in the Official

101Journal, may place under referendum any and all questions of national interest, any law related to the organization of public powers, consisting of an approval of an accord of union or an authorization of a treaty which, without being unconstitutional, would have effect on the function of the Institutions. When the referendum has concluded that the proposal is to be adopted, the President of the Republic shall promulgate it in the manner prescribed in Article 40.

102Article 42

103The President of the Republic may, after consultation with the Prime Minister and the President of the National Assembly, declare the dissolution of the National Assembly.
General elections will follow between twenty-one and forty days after the dissolution.
The National Assembly cannot be dissolved in the year that follows these elections.

104Article 43

105The President of the Republic shall communicate with the National Assembly and the High Council of Collectives by memoranda that are to be read by the President of the National Assembly or by the a member of the High Council of Collectives. If they are not in session, the National Assembly or the High Council of Collectives shall reassemble specifically for this reason.

106Article 44

107The President of the Republic is the Supreme Chief of the Armies. He shall preside over the Superior Council and the Committee of Defense of the National Defense.

108Article 45

109The President of the Republic is the President of the Superior Council of the Magistracy.

110Article 46

111The President of the Republic shall sign ordinances and decrees from the Council of Ministers.
He shall name senior civil and military leaders, as determined by law.
The Grand Chancellor of National Order, General Officers, Ambassadors, Special Envoys, Regional Governors, Central Administration Directors shall be named by decree of the Council of Ministers.

112Article 47

113The Members of the Supreme Court shall be named by decree of the Council of Ministers.

114Article 48

115The President of the Republic shall empower the Ambassadors and Special Envoys when engaged with foreign powers.

116Article 49

117The President of the Republic shall declare, after deliberation in the Council of Ministers, a state of siege or a state of emergency.

118Article 50

119When the Institutions of the Republic, independence of the Nation, integrity of the national territory, or the execution of international engagements are immediately or gravely threatened and the regular functioning of the constitutional public powers are interrupted, the President of the Republic shall take emergency measures as required by the circumstances, after consultation with the Prime Minister, the Presidents of the National Assembly and of the High Council of Collectives as well as the Constitutional Court.

120He shall inform the nation of the situation by an announcement.
The application of these emergency powers by the President of the Republic must not in any case compromise the national sovereignty nor the territorial integrity.
The emergency powers must seek to assure the continuity of the State and reestablish the institutions conforming to the Constitution in the event of an interruption of normal State function.
When the National Assembly is assembled it may not be dissolved during the President’s exercise of emergency powers.

121Article 51

122The President of the Republic may delegate certain powers to the Prime Minister.
Actions of the President of the Republic other than those established in Articles 38, 41, 42, 45, and 50, as well as the previous paragraph of the present Article, shall be countersigned by the Prime Minister and, if such should be the case, any other involved Ministers.
Article 52: The Law shall establish the salary of the President of the Republic and organize the method for establishing a pension for former Presidents of the Republic in their civilian lives.

123TITLE IV THE CABINET

124Article 53

125The Cabinet shall determine and direct the political institutions of the Nation, the armed forces, and their administration.

126Article 54

127The Cabinet is responsible before the National Assembly according to the conditions and following the procedures established by Articles 78 and 79.

128Article 55

129The Prime Minister is the Head of the Cabinet: with this title he shall direct and coordinate governmental action.
He shall assure the execution of the laws. With respect to the provisions of Article 46, he shall exercise his ruling power. He is responsible for the execution of the political institutions and the national defense. He may delegate certain powers to the other Ministers.

130He shall stand in for, if such should be the case, the President of the Republic in the presidency of the Council and of the Committee as defined by Article 44.
He shall stand in for the president of the Council of Ministers, by virtue of an express delegation or an order of business.

131Article 56

132The actions of the Prime Minister shall be countersigned, if such should be the case, by the Ministers charged with their execution.

133Article 57

134Before entering into service, the Prime Minister must deliver to the Supreme Court a written declaration of the Cabinet’s intentions.
This declaration shall be the object of an annual announcement.
The elements of Article 35 above shall be applicable to the members of the Cabinet.

135Article 58

136A member of Cabinet shall not act by any parliamentary mandate, any function of professional representation, at the national or local level, any public endeavor, or any professional or lucrative activity. One comprehensive law shall establish the conditions in which provisions for the replacement of officers of each office, occupation, or position.
The replacement of members of Parliament shall be made by the Cabinet with conformity to the provisions of Article 63.

137TITLE V THE NATIONAL ASSEMBLY (THE PARLIAMENT)

138Article 59

139Parliament shall be comprised of one house called the National Assembly.

140Article 60

141Members of the National Assembly shall be called Duputies.

142Article 61

143Deputies shall be elected for five years by direct universal suffrage. Law shall establish the methodology for this election.

144Article 62

145Deputies shall enjoy parliamentary immunity.
No member of the National Assembly may be pursued, investigated, arrested, detained or tried for his opinions or votes that arise from the exercise of his functions.
No member of the National Assembly may, during the time when parliament is in session, be pursued or arrested in a criminal or correctional manner without the authorization of the National Assembly, except in the case of a flagrant offense.
No member of the National Assembly may, outside of session, be arrested except with the authorization of the Office of the National Assembly, except in the case of a flagrant offense, authorized pursuits or definite condemnation.
The detention or pursuit of a member of the National Assembly shall be suspended if the National Assembly demands it.

146Article 63

147Organizational law shall establish the number of members of the National Assembly, their indemnities, conditions of eligibility, scheme of ineligibilities and incompatibilities.
Organizational law shall also determine the conditions for election of those called to assure, in the case of a vacant seat, the replacement of Deputies until the re-election of the National Assembly.

148Article 64

149Every imperative mandate is null.
The right to vote of the members of the National Assembly is individual.
Organizational law may authorize, for exceptional reasons, delegation of a vote. In this case no one may receive the delegation beyond what is mandated.

150Article 65

151The National Assembly shall meet by their own right biannually.
The first session shall commence on the first Monday of October.
The session may not exceed seventy-five days.
The second session shall commence on the first of April and may not exceed a duration of ninety days.

152Article 66

153The National Assembly may meet in an extra session at the request of the Prime Minister or by an order from a majority of the members.
When an extra session is held on demand of the members of the National Assembly, the end of the session shall come as soon as the business for which the session was called is completed, and at most fifteen days after the date of reunion.

154The Prime Minister may demand a new session by order before the end of the month that follows the closing of session.

155Article 67

156Except for the case in which the National Assembly meets by their own right, extra sessions shall be commenced and brought to a close by decree of the President of the Republic.

157Article 68

158The National Assembly shall establish its own procedure. The President of the National Assembly shall be elected for the duration of the legislature.

159Article 69

160The sessions of the National Assembly shall be public. However, they may meet in a closed session by their own initiative or on demand by the Prime Minister. Their internal procedure shall establish the methodology a closed session. The account of the internal debates from public sessions shall be published in the Official Journal.

161TITLE VI INTERACTION BETWEEN THE CABINET AND THE NATIONAL ASSEMBLY

162Article 70

163The law shall be voted on by a simple majority in the National Assembly.
However, laws to which the present Constitution confers the characteristics of an organizational law shall be voted on in the following conditions:
-the proposal or project may only be subjected to deliberation and vote of the National Assembly after the end of a fifteen-day time period following its deposit in the office of the National Assembly:
the text may only be adopted by an absolute majority of the members composing the National Assembly. Organizational laws may only be promulgated after a declaration of the Constitutional Court of their conformity to the Constitution.
Law shall establish regulations concerning:
-civic rights and fundamental guaranties provided to citizens so they may exercise their public liberties, constraints imposed by the National Defense on themselves and their possessions;
-nationality, civic rights, state and capacity of people, marriage, inheritance and donations, property system, actual rights and civic and commercial obligations, factions of society, expropriation;
-crimes and offenses in addition to their applicable penalties, criminal procedure, police judiciary, extradition, amnesty, the creation of jurisdictions, the status of Ministerial Officers, the status of juridical and judicial Professions;
-the status of civil servants;
-the general status of the personnel of the Armed forces;
-the system of distribution of money, the tax base, taxes and methods of collection.
Law shall equally determine the fundamental principles of
-the general organization of the defense and national security;
-the right to work, social security, the right to form unions;
-the organization and competency of professional orders;
-education and research;
-the protection of cultural heritage and archaeology;
-public compatibility;
-the creation, organization and control of public services and organizations;
-the nationalization of enterprises, denationalization and transfer of property of enterprises from the public sector to the private sector;
-the electoral system;
-the free administration of local collectives, their competence and their resources;
-the administrative organization of the national territory;
-the management and alienation of the State’s domain;
-the organization of the national product;
-the organization of the justice system;
-the penitentiary system.
The law of the Treasury shall determine resources and the government expenditures.
The budget must be adopted by the National Assembly. It shall establish the objectives of the economic and social actions of the State.

164Article 71

165Declaration of war shall be authorized by the National Assembly in a special meeting for that purpose. The President of the Republic shall then inform the nation by an announcement.

166Article 72

167States of emergency and states of siege shall be declared in the Council of Ministers. Their extension beyond ten days may only be authorized by the National Assembly.
Law shall determine the conditions.

168Article 73

169Other matters than those which are of the domain of the judiciary shall have a statutory make-up.
Bills of legislative form arising before ratification of the present Constitution may be modified by decree following judgement of the Supreme Court.
Such bills which arise after ratification of the present Constitution may only be modified by decree if the Constitutional Court has declared that they are of statutory make-up according to the preceding paragraph.

170Article 74

171The Cabinet may, in the execution of its functions, or within its domain as established by law, request Parliamentary authorization to take by Ordinance, during a limited time period, measures which are normally the domain of the law.
These Ordinances must come from the Council of Ministers following the opinion of the Supreme Court. They shall come into effect as soon as they are adopted, but shall become null and void if they are not ratified by the National Assembly before the date established by their own qualification. At the expiration of the time period mentioned in the previous paragraph of the present Article, Ordinances may only be modified by law on matters which are in the legislative domain.

172Article 75

173The initiation of laws belongs concurrently to the Cabinet and to the members of the National Assembly. Legal proposals shall be deliberated in the Council of Ministers following the opinion of the Constitutional Court and shall be presented to the office of the National Assembly.

174Article 76

175The members of the National Assembly and the Cabinet have the right to make amendments.
After the opening of debate, the Cabinet may oppose any amendment that was not previously submitted to it.

176Article 77

177The National Assembly shall address the budget as soon as the normal session proceeding the budgetary period commences. The budget must plan for the necessary formula to cover the expenses.
If the National Assembly is not established at the time of the commencement of the budgetary period or if it does not vote-in a budget, the Cabinet shall return the budget in the fifteen day period when the National Assembly meets in special session for this reason. The National Assembly must then decide in eight days. If this deliberation does not result in a voted-in budget, the task shall then be taken up by the Cabinet based on the formula of the previous result and following the opinion of the Supreme Court.

178Article 78

179The Prime Minister, after deliberation of the Council of Ministers shall discuss the responsibility of the Cabinet within the National Assembly’s plan either before the Assembly or by a declaration of the general politics of the Cabinet.
The National Assembly shall defeat action of the Cabinet by passing a vote of no confidence. Such a motion is only admissible if it is signed by at least one tenth of the members of the National Assembly. A vote must take place within forty-eight hours of the motion. Those who are polled to be in favor of the vote of no confidence may only come from the majority of the two tiers of the members composing the Assembly. If the motion of the vote of no confidence is rejected, the signers may not propose a new motion within the course of the same session.

180The Prime Minister may, after deliberation with the Council of Ministers, engage the liability of the Cabinet before the National Assembly regarding the vote on a bill. In this case, the bill is considered to be adopted, unless a motion of no confidence, made in the next twenty-four hours, is voted-in.

181Article 79

182When the National Assembly adopts a new motion of no confidence or when it disapproves of the plan or a declaration of the general politics of the Cabinet, the Prime Minister must submit to the President of the Republic the resignation of the Cabinet.
Article 80: The adjournment of normal or special sessions may be delayed to allow, should the case be such, for the application of the elements of Article 78.

183TITLE VII THE JUDICIAL POWER

184Article 81

185The judicial power is independent of the executive and legislative powers. It shall be exercised by the Supreme Court and the other Courts and Tribunals.
The power of the judiciary is the guardian of the liberties defined by this Constitution.
It guards the rights and liberties defined by this Constitution.

186It is charged to apply, in its proper domain, the laws of the Republic.

187Article 82

188Magistrates shall not be suppressed in the exercise of their duties, but by the authority of the law. Seated Magistrates may not be removed.
The President of the Republic is the guarantor of the independence of the judicial power.
The Superior Council shall watch over the management of the Magistrates’ careers and shall give its opinion on any question concerning the independence of the Magistracy.

189The Superior Council of the Magistracy serves as the Council of discipline for the Magistrates. Organizational law shall establish the composition, organization, allocations, and functioning of the Superior Council of the Magistracy.
Law shall likewise establish the status of the Magistracy with respect to conformity with the principles of this Constitution.

190TITLE VIII THE SUPREME COURT

191Article 83

192The Supreme Court shall be comprised of

193-a Judicial section;
-an Administrative section;
-an Accounting section.

194Organizational law shall establish the rules and organization of its functioning in addition to the procedure for the court.
Article 84: The Supreme Court shall be presided over by a judicial Magistrate named by the President of the Republic and conforming to a proposition of the Superior Council of the Magistracy.

195The President of the Supreme Court shall be assisted by a Vice-President named in the same manner.

196TITLE IX THE CONSTITUTIONAL COURT

197Article 85

198The Constitutional Court is the judge of the constitutionality of the laws and it shall guarantee the fundamental laws of the individual and public liberties. It is the regulating body of the functioning of the institutions and the activity of the Public Powers.

199Article 86

200The Constitutional Court must decide on
-the constitutionality of organizational laws and other laws before their promulgation;
-the interior regulations of the National Assembly, the High Council of Collectives and of the Economic, Social and Cultural Council before they are put in application pertaining to their conformity to the Constitution;
-the arbitration of conflicts between institutions of the State;
-the regularity of presidential and legislative elections and the operations for referendums of which it shall declare the results.

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  • Theoretical/Philosophical
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  • separation of powers
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