Révision constitutionnelle : Me Aly Ndiaye défend la prérogative du président Diomaye de recourir au référendum
In a post published on his Facebook account, Maitre Aly Ndiaye, lawyer at the court, doctoral candidate in law and member of the Council of Leaders of the DiomayePrésident coalition, spoke about the controversy surrounding Law No. 17/2026 on the partial revision of the Constitution of January 22, 2001.

The lawyer begins by pointing out that, according to the Constitution, the power to initiate constitutional revision rests with both the President of the Republic and the members of Parliament. In his view, the majority members of Parliament therefore exercised a right granted to them by the Constitution by submitting their proposal for revision.
However, Mr. Ndiaye believes that the procedure for finalizing this revision is strictly governed by Articles 103 and 71 of the Constitution. He argues that, according to Article 103, a referendum is the standard for constitutional revisions, while final adoption by the National Assembly alone remains an exception.
According to him, the legal advisors of the president of the National Assembly made an error of interpretation in considering that the law could be promulgated without taking into account the choice of the head of state to resort to a referendum.
The lawyer also criticized the arguments of National Assembly President Ousmane Sonko, who relied on Constitutional Council decision no. 3/C/2005. According to Aly Ndiaye, this legal precedent is not applicable to the current context.
He recalls that in 2005, the Constitutional Council ruled that, when the President of the Republic chooses not to submit a constitutional revision to a referendum, the vote of the National Assembly by a three-fifths majority constitutes both adoption and approval of the text.
However, he points out, the situation would be different in 2026. He asserts that the President of the Republic has decided to submit Law No. 17/2026 to a referendum before its promulgation. Therefore, according to his analysis, the National Assembly would not be able to compel the Head of State to promulgate the law.
To support his position, Mr. Ndiaye puts forward three arguments. First, he invokes the principle of separation of powers, arguing that Parliament cannot impose such a decision on the Executive. Second, he maintains that no emergency justifies the immediate promulgation of the text. Finally, he asserts that Article 103 of the Constitution does not specify any deadline by which the President of the Republic would be required to promulgate a constitutional amendment law.
In conclusion to his publication, Aly Ndiaye asserts that the decision to promulgate a constitutional amendment law after opting for a referendum falls within the discretionary power of the President of the Republic. According to him, neither the Constitutional Council nor any other court can deprive him of this prerogative.
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