喀麦隆紧急状态制度的起源和发展

Gerard Emmanuel Kamdem Kamga
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引用次数: 2

摘要

本研究的目的是追溯喀麦隆紧急制度的起源和发展,解决其对当前政治制度结构的负面影响,并强调该国变革的必要性。紧急状态制度通常是在特殊情况下建立的,允许国家在其存在受到威胁时(合法地)中止法律和侵犯人权。它们通常包括紧急状态、例外状态、戒严状态和军事统治。在喀麦隆,这些政权是法国殖民主义的遗产,并被引入该国的法律体系,以维持严酷的帝国主义政策。传统上认为,宣布紧急状态和例外状态是为了应对威胁国家存在的情况(如自然灾害、入侵和普遍叛乱),但喀麦隆这些政权的特点是,它们过去和现在仍然被用作一种政治手段。事实上,在殖民主义和法国殖民当局、其当地追随者和喀麦隆土著人民之间的独立战争的背景下,紧急制度在消除政治挑战者、增加行政当局的权力和免除其任何责任和责任方面发挥了关键作用。然而,在这个过程中,这些措施进入了常态范围,最终失去了它们的特殊性质。喀麦隆目前行政实体权力的过度膨胀可以追溯到那个时期,因此很难区分处于危机中的喀麦隆社会和处于和平时期的喀麦隆社会。
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The origin and development of emergency regimes in Cameroon
The purpose of this study is to trace the origin and development of emergency regimes in Cameroon, to address their negative impact on the current structure of the political system and to highlight the need for change in the country. Emergency regimes are generally brought into being in exceptional circumstances and allow states to (legally) suspend law and infringe human rights when confronted by threats to their existence. They generally include a state of emergency, a state of exception, a state of siege and martial rule. In the case of Cameroon, these regimes are a legacy of French colonialism, and were introduced into the country's legal system to sustain harsh imperialist policies. Traditionally it is believed that a state of emergency and a state of exception are declared in response to circumstances threatening the state's existence (such as natural cataclysms, invasions, and general insurrections), but the peculiarity of these regimes in Cameroon is that they have been and still are used as a political device. Indeed, in the context of colonialism and war of independence between French colonial authorities, their local acolytes and indigenous Cameroonians, emergency regimes played a key role in eliminating political challengers, increasing the powers of the executive, and absolving it of any accountability and responsibility. However, in the process, these measures ended up losing their exceptional character as they entered the sphere of normalcy. The current hypertrophy of the powers of the executive entity in Cameroon dates back to that period, and it is consequently difficult to distinguish between a Cameroon society in crisis and one in peacetime.
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