Révision constitutionnelle : Pour Cheikh Ba (UMS), le Conseil constitutionnel a rappelé les règles du jeu démocratique
The president of the Union of Magistrates of Senegal (UMS), Cheikh Ba, believes that the recent decision by the Constitutional Council invalidating a law passed by the National Assembly reflects the normal functioning of Senegalese institutions and respect for the separation of powers. When questioned about this decision on the Sunday Jury program on iRadio, he stated that it came as no surprise to legal professionals.
According to him, the Constitutional Council remained faithful to its jurisprudence and exercised the powers conferred upon it by the Constitution. "There is nothing new under the sun," declared Cheikh Ba, believing that observers are more surprised than legal experts. In his view, Senegal has a democratic system where each branch of government exercises the prerogatives assigned to it by the Constitution. The president of the UMS (Union of Magistrates of Senegal) reiterated that the executive, legislative, and judicial branches each possess their own specific powers. When a dispute arises between these institutions, it is the responsibility of the Constitutional Court to decide in accordance with the applicable laws.
Cheikh Ba also took the opportunity to explain the concept of "incompetence," often used in legal decisions. He clarified that this term does not mean that judges are incapable of ruling, but simply that the law does not grant them jurisdiction over a specific dispute.
According to him, this clarification is essential to avoid any confusion in public opinion. A court can only intervene in the areas defined by the laws that govern its powers. For the president of the UMS, the decision rendered by the Constitutional Council illustrates the vitality of Senegalese institutions and confirms the role of the judge as guarantor of respect for the Constitution and the balance of powers.
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