Senegalese President holds central role in constitutional revision process
via SeneNews3 min read
Nfally Camara, a research professor at FSJP/UC, explains that while constitutional revisions require specific procedures to maintain their rigidity, the President of the Republic plays a pivotal role in validating this process in Senegal. Article 103 of the Senegalese Constitution outlines the common procedure for constitutional revision, stating that a revision project or proposal is adopted by the National Assembly and then becomes definitive after approval by referendum. However, the article also grants the President the power to decide whether the revision will be approved by referendum or by the National Assembly with a three-fifths majority of votes. This provision gives the President significant control over the procedure, making the referendum, theoretically the normal procedure, dependent on a presidential decision. The analysis of Article 103 reveals that no constitutional referendum can occur without the President's will. Even if a constitutional bill is initiated by deputies and adopted by the National Assembly, the referendum's execution remains subject to presidential decision. The President holds a functional monopoly on engaging the constituent people, and Article 103 does not specify a deadline for the President to organize a referendum. This lack of a deadline allows the President to potentially neutralize a constitutional revision proposal definitively adopted by the National Assembly, effectively giving the President a "de facto constitutional impediment p
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This summary was AI-generated from a story originally published by SeneNews.
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