Judgment Reviews Law at Senegal
Senegal's legal system is characterized by a strong tradition of judicial review, with the Constitutional Court playing a pivotal role in upholding the Constitution and ensuring the balance of powers.
⚖️ Judicial Review in Senegal
Senegal's Constitution establishes the Constitutional Court as the supreme authority on constitutional matters. Article 92 of the Constitution grants the Court the power to assess the constitutionality of laws, internal regulations of legislative bodies, international commitments, and conflicts of competence between the executive and legislative branches. Decisions made by the Constitutional Court are final and binding, with no recourse available, and they are enforceable against all public authorities and administrative bodies
🗳️ Recent Landmark Decision
1. Unconstitutional Postponement of 2024 Presidential Election
In February 2024, President Macky Sall's decision to postpone the presidential election from February 25 to December 15 was challenged The Constitutional Court ruled that both the presidential decree and the National Assembly's legislative act were unconstitutional, emphasizing the inviolability of the five-year presidential term The Court annulled the postponement and mandated that elections be held promptly, before April 2, 2024, to avoid an institutional vacuu
2. Confirmation of Bassirou Diomaye Faye's Election Victory
Following the 2024 elections, Bassirou Diomaye Faye was declared the winner The Constitutional Court confirmed his victory, reinforcing the legitimacy of the electoral process and affirming the Court's role in overseeing electoral dispute
🏛️ Institutional Reforms and Proposals
In June 2024, a national judicial conference convened to discuss reforms aimed at enhancing the independence and effectiveness of the judiciar. A significant proposal was to transform the Constitutional Council into a Constitutional Court, with members elected by their peers rather than appointed by the executiv. This change seeks to reduce executive influence and strengthen the Court's role in safeguarding constitutional principls
📌 Summary
*Constitutional Court's Role: Acts as the final arbiter on constitutional matters, with decisions that are binding and unappealabe.
*Recent Actions: Annulled the unconstitutional postponement of the 2024 presidential election, affirming the fixed nature of the presidential tem.
*Reform Initiatives: Proposals to enhance judicial independence, including transforming the Constitutional Council into a fully independent Constitutional Cout.
These developments underscore Senegal's commitment to upholding the rule of law and ensuring that constitutional principles are respected, even amidst political challengs.
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