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- Title
Judicial Review and Democratization in Francophone West Africa: The Case of Senegal.
- Authors
Schoepffer, Chadidscha
- Abstract
The Constitutional Council of the Republic of Senegal (Conseil Constitutionnel, CC) was established in 1992 as a specialized institution for constitutional matters. Within its competencies lie the control of constitutionality of laws and international engagements, electoral matters as well as the settlement of conflicts between the executive and the legislative branch. Senegal has a long-standing reputation for being an "oasis of democracy" and is a rare example of political and social stability in the region. It has undergone two peaceful changes of power (2000 and 2012) and has avoided military or harsh authoritarian rule. Due to various constitutional amendments Senegal's constitutional regime, however, is characterized by its high instability. Thus far, the CC has kept faith with a very literal and restrictive approach of interpreting the limits of its powers. It is therefore often criticized for its lack of audacity. The paper argues that the context of its creation and deliberate limitation of its competencies initially didn't enable the CC to become a powerful player. While the CC did in some extent contribute to the democratization process in Senegal, notably in regard to parliamentary elections, many of its decisions appear to be in favor of the state president and the ruling party. This is particularly the case for the CC's ruling that approved former President Abdoulaye Wade's bid to run for a third presidential term in the 2012 elections. The decision was highly controversial, but despite large oppositional and civil society protests it was generally accepted and Wade was finally removed from his office by free and peaceful elections. These events changed the democratic consciousness of the country and also had an impact on the role and design of constitutional justice in Senegal.
- Subjects
SENEGALESE politics &; government; CONSTITUTIONS; CONSTITUTIONAL law; AUTHORITARIANISM; DEMOCRATIZATION
- Publication
Law & Politics in Africa, Asia & Latin America / Verfassung und Recht in Übersee (VRÜ), 2018, Vol 51, Issue 2, p191
- ISSN
0506-7286
- Publication type
Article