Judgment Reviews Law at Mauritania
In Mauritania, judicial review is a fundamental aspect of the legal system, ensuring that laws and governmental actions align with the Constitution. The Constitutional Council (Conseil Constitutionnel) plays a pivotal role in this process.
🏛️ Constitutional Council of Mauritania
Established under Articles 81–88 of the Constitution, the Constitutional Council is the highest authority on constitutional matters in MauritaniaIt is composed of six members
The President of the Republic appoints two members
The President of the National Assembly appoints two members
The President of the Senate appoints one member
-The President of the Republic appoints the President of the Constitutional Council Members serve non-renewable nine-year terms, with one-third of the Council renewed every three years A quorum of four members is required for decisions Decisions are made by a simple majority and are final and binding on all public, administrative, and judicial authorities
⚖️ Functions and Jurisdiction
The Constitutional Council has several key functions
Constitutional Review: It reviews the constitutionality of laws before their promulgation this review is mandatory for organic laws and the standing rules of the two chambers of Parliament The President of the Republic, the President of the National Assembly, the President of the Senate, and one-third of the members of either chamber can refer laws to the Council for review The Council must decide within one month, or within eight days if the President of the Republic deems the matter urgent
Electoral Oversight: The Council oversees the regularity of general elections and referendums, including receiving candidacies, controlling the electoral process, pronouncing results, and handling disputes
Advisory Opinions:The President of the Republic can request the Council to provide advisory opinions on constitutional matters
Constitutional Review of Pre-2006 Laws:Article 102 of the Constitution allows any individual to refer laws enacted before June 25, 2006, that have not been amended since June 25, 2009, to the Constitutional Council for review If the Council finds such laws unconstitutional, they may not be applied
📌 Recent Developments
In December 2024, the Max Planck Foundation conducted a workshop with the Mauritanian Centre for Legal, Economic, and Social Studies (CMERJES) to promote academic dialogue on Mauritania’s constitutional review process and women's access to justic. The workshop discussed constitutional theory, adjudication, and the challenges facing women in accessing justice
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