Yaya Niang: «Aucune révision constitutionnelle n'est possible sans collaboration avec le Président»
The decision by the Bureau of the National Assembly to accept a proposed law to revise the Constitution continues to generate reactions in legal circles. Among them is that of jurist and constitutional expert Yaya Niang, who expresses serious reservations about the chosen procedure.
In a post on his Facebook page, the teacher-researcher at Gaston Berger University in Saint-Louis finds it "curious" that the National Assembly has taken up a preliminary draft bill to revise the Constitution and transformed it into a bill.
"It is curious that the National Assembly is seizing upon a preliminary draft of a constitutional revision bill to turn it into a bill," he writes, noting also that the text in question provides for the abolition of the Constitutional Council.
He points out that this initiative comes at a time when the Constitutional Council is currently considering an appeal challenging the parliamentary status of the Speaker of the National Assembly. A context which, according to him, warrants particular attention.
Beyond this observation, Dr. Yaya Niang raises a fundamental question regarding the constitutional revision process. According to him, no constitutional amendment can be made without the involvement of the President of the Republic.
Relying on Article 103 of the Constitution, he believes that the Head of State holds an exclusive prerogative in choosing the procedure for adopting a constitutional revision. "The choice of the procedure by which a revision is approved is decided exclusively by the President of the Republic," he maintains.
For the legal expert, this presidential competence applies as much to constitutional bills emanating from the Executive as to bills initiated by parliamentarians.
As a reminder, the Bureau of the National Assembly indicated on Friday that it had received, examined, and declared admissible a proposed law to revise the Constitution. According to the parliamentary institution, the text takes into account all the observations made by the Constitutional Council in its decision No. 4/C/26 of May 25, 2026.
The President of the Republic had also submitted preliminary drafts of constitutional reform to the Constitutional Council, thus opening a new debate on the legal and institutional outlines of the envisaged revision.
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