In a context of vacancy at the head of the Senegalese Constitutional Council, Dr. Yaya Niang, teacher-researcher in public law at the Gaston Berger University in Saint-Louis, spoke about the legal issues arising from the death of Mamadou Badio Camara, former president of this institution. The central question concerns the capacity of the Council to maintain its governance within a framework where the legal texts are imprecise.
Based on his knowledge of constitutional law, Dr Niang stresses that organic law number 2016-23 of July 14, 2016, and decree number 2021-300 of February 25, 2023, although they mention the president’s interim by the vice-president in the event of absence, did not specify the concept of death, equal to a final impediment. According to Niang, only an enlarged interpretation would authorize the vice-president or, failing that, the oldest member to ensure this interim.
Dr. Niang also recalls that the Constitutional Council has already invoked its role as a regulator to supplement the lack of textual details, allowing jurisprudence to fill the legislative gaps. Thus, the institution is able to maintain its functions despite the regulatory gaps, he said during an intervention reported by Sud Quotidien.
Furthermore, concerning the appeal filed by the opposition against the so -called interpretative law, Dr Niang affirms that it is admissible, based on article 74 of the Constitution. The latter stipulates that the appeals must be filed within six clear days and supported by at least sixteen deputies. Once these formal conditions have been combined, the Constitutional Council will rule on the basis of the appeal, in particular on the potential unconstitutionality of the law in question. Dr. Niang insists that the outcome of this situation will be largely influenced by the solidity of advanced legal arguments.
These analyzes of great importance for the Senegalese political landscape have been published on the South Daily site, providing relevant light on the in progress constitutional complexities.
