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Senegalese Constitutional Court: Seven-Year Presidential Term Blocked by Article 103

Senegal·Senego··⏱️ 3 min readBriefly Analysis

Summary

  • A proposal to return to a seven-year presidential term in Senegal has sparked controversy and criticism.
  • The initiative is blocked by Article 103 of the Constitution, which prevents any change to the five-year term.
  • Lawyers should note that attempting to modify the quinquennat would be unconstitutional and potentially lead to legal consequences.

What Happened

The 'eternity clause' effectively prevents any change to the five-year term, making it impossible for the president, the National Assembly, or even a referendum to modify it.

A proposal to return to a seven-year presidential term in Senegal has sparked controversy and criticism from various quarters. The initiative, led by Minister Arona Coumba Ndoffene Diouf, has received support from Baye Mayoro Diop, director of the Crous at the University of Alioune Diop in Bambey. Diop argued that a five-year term is not compatible with Senegal's economic realities and that holding elections every five years is a luxury the country cannot afford. He called for a referendum to extend the presidential term to seven years, sparking widespread criticism and condemnation.

The proposal has been met with strong opposition from various groups, including the Forum of the Justiciable, led by jurist Babacar Ba. Ba denounced the initiative as 'destructive' and called for those behind it to be prosecuted for disturbing public order.

Legal Context

The proposal is blocked by Article 103 of the Constitution, which was introduced in 2016 through a referendum. This article states that the duration and number of consecutive presidential terms cannot be revised. The 'eternity clause' effectively prevents any change to the five-year term, making it impossible for the president, the National Assembly, or even a referendum to modify it. Attempting to do so would amount to undermining the constitutional order.

The article has been seen as a safeguard against presidential power grabs and ensures that the country's leaders are accountable to the people. The clause is designed to prevent any attempts to alter the fundamental principles of the Constitution, including the duration of presidential terms.

Why It Matters

The proposal to return to a seven-year term has significant implications for Senegal's democracy and governance. If implemented, it would undermine the country's constitutional framework and potentially lead to authoritarianism. The 'eternity clause' is a crucial safeguard against such attempts and ensures that the president remains accountable to the people.

Lawyers should note that any attempt to modify the quinquennat in Senegal is blocked by Article 103 of the Constitution, which cannot be revised or changed through a referendum. This means that any efforts to extend the presidential term would be unconstitutional and potentially lead to legal consequences.

Practical Implications

Lawyers should note that any attempt to modify the quinquennat in Senegal is blocked by Article 103 of the Constitution, which cannot be revised or changed through a referendum.

Source

Source: Original reporting via Seneweb

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