The complexity of the link between administrative law and democracy in Senegal

The complexity of the link between administrative law and democracy in Senegal
The complexity of the link between administrative law and democracy in Senegal

In Senegal, recent events involving Barthélemy Dias, mayor of Dakar, illustrate a persistent conflict between the spirit of the laws and their strict application. The 'Le Quotidien' site allowed us to explore this issue where the interpretation of laws could override their legitimacy or justice.

Democracy, which developed together with respect for the law, sometimes finds itself in confrontation with the use of judicial power for political ends. Georges Vedel, former member of the French Constitutional Council, had already highlighted the inconsistency between the notions of justice and politics, which reflects a certain distrust of justice influenced by politics.

In the context of administrative law, the recent decisions concerning Barthélemy Dias raise questions. According to 'Le Quotidien', the possibility for a prefect to dismiss a mayor elected directly by the people, without appropriate legal procedure, raises concerns about respect for established democratic procedures.

The case of Barthélemy Dias, hindered in his functions without a formal decision from high judicial or administrative authorities, recalls the importance of controls in the application of laws. The lack of legal notification, despite the support confirmed by the Constitutional Council for his candidacy, calls into question the legality of such actions.

The municipal elections, still two years away, raise the question of the need to change a mayor before the end of his mandate. The possible establishment of a special delegation must be done while respecting strict political neutrality to avoid abuse of power.

The author of this article consulted on 'Le Quotidien', Denis NDOUR, advocates impartial justice and just reforms to preserve the very essence of Senegalese democracy.


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Senegal

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