I am tempted to paraphrase Marie-Jeanne Phlipon, better known as Madame Roland, who cried out as she ascended the scaffold on November 8, 1793, "Oh Liberty! What crimes are committed in your name!" Today, I would say, "Oh Constitution! What absurdities are uttered in your name!" For over three years, we have been living in an absurd situation that I would describe with a neologism: aconstitutional. Yet, the de facto political leaders have never invoked the Constitution so much to give a veneer of legality to their aberrations. Former Justice Minister Emmelie Prophète-Milcé would have delighted Kafka. When asked in France by a journalist a few weeks before the fall of Ariel Henry about his potential exit on February 7, 2024, she gave this memorable response: "The Constitution does not set a term limit for the Prime Minister’s mandate." This shows that literary talent does not shield one from nonsense.

Let's consider the Presidential Transition Council (PTC). Its members relentlessly invoke the April 3, 2024, agreement to legitimize all their decisions. However, since this agreement has never been published in Le Moniteur, it does not have the force of law. Consequently, the PTC, being itself illegal, does not have the authority to appoint a Prime Minister. In Le Nouvelliste of July 12, 2024, Robenson Geffrard writes in an article about the formation of the Provisional Electoral Council (CEP): "Article 36 of the document, not yet published in Le Moniteur, indicates that after the constitutional revision process, and in accordance with the recommendations of the National Security Council (CNS), the Provisional Electoral Council, in consultation with political parties and civil society actors, will proceed with the preparation of the decree and the electoral calendar." But the CNS does not exist. We are trapped in a hopeless vicious circle.