Judicial Review and Democratization in Francophone West Africa: The Case of Senegal

Chadidscha Schoepffer

doi:10.5771/0506-7286-2018-2-191

Inhalt
- Kapitel Ausklappen | EinklappenAutorenSeiten
- 131–132 Titelei/Inhaltsverzeichnis 131–132
- 133–239 Special Issue: Judicial review and democratization in francophone West Africa 133–239
  - 133–139 Judicial review and democratization in francophone West Africa Lisa Heemann, Chadidscha Schoepffer, Anne Winter Lisa Heemann, Chadidscha Schoepffer, Anne Winter 133–139
  - 140–165 Judicial Review and Democratization in Francophone West Africa: The Case of Burkina Faso Anne Winter Anne Winter 140–165
  - 166–190 Judicial Review and Democratization in Francophone West Africa: The Case of Mali Lisa Heemann Lisa Heemann 166–190
  - 191–215 Judicial Review and Democratization in Francophone West Africa: The Case of Senegal Chadidscha Schoepffer Chadidscha Schoepffer 191–215
  - 216–239 Judicial Review and Democratization in Francophone West Africa: The Case of Benin Kangnikoé Bado Kangnikoé Bado 216–239
- 240–287 Abhandlungen / Articles 240–287
  - 240–268 Lessons from the Al-Bashir Debacle: Four Issues for ICJ Clarification Lilian Chenwi, Franziska Sucker Lilian Chenwi, Franziska Sucker 240–268
  - 269–287 Understanding the Rule of Law in Africa through the lens of the African Commission on Human and Peoples Rights’ interpretation on the right to development in Africa. Funmi Abioye Funmi Abioye 269–287
- 288–291 Buchbesprechungen / Book Reviews 288–291
  - Olaf Köndgen, The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr, Studies in Islamic Law and Society, Volume 43, Brill, Leiden, 2018, 480 pages,149 Euro, ISBN 978-90-04-34743-4
- 292–300 Bibliographie / Bibliography 292–300
  - 292–292 RECHT UND ENTWICKLUNG ALLGEMEIN / LAW AND DEVELOPMENT IN GENERAL 292–292
  - 292–293 AFRIKA /AFRICA 292–293
  - 294–295 ASIEN /ASIA 294–295
  - 296–297 LATEINAMERIKA / LATIN AMERICA 296–297
  - 298–300 NAHER UND MITTLERER OSTEN / NEAR AND MIDDLE EAST 298–300
- 301–301 Call for Papers 301–301
- 302–302 Impressum 302–302
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Judicial Review and Democratization in Francophone West Africa: The Case of Senegal

Autoren

Chadidscha Schoepffer

DOI
- doi.org/10.5771/0506-7286-2018-2-191
- ISSN print: 0506-7286
- ISSN online: 2941-9603
Abstract

The Constitutional Council of the Republic of Senegal (Conseil Constitutionnel, CC) was established in 1992 as a specialized institution for constitutional matters. Within its competencies lie the control of constitutionality of laws and international engagements, electoral matters as well as the settlement of conflicts between the executive and the legislative branch. Senegal has a long-standing reputation for being an “oasis of democracy” and is a rare example of political and social stability in the region. It has undergone two peaceful changes of power (2000 and 2012) and has avoided military or harsh authoritarian rule. Due to various constitutional amendments Senegal’s constitutional regime, however, is characterized by its high instability. Thus far, the CC has kept faith with a very literal and restrictive approach of interpreting the limits of its powers. It is therefore often criticized for its lack of audacity. The paper argues that the context of its creation and deliberate limitation of its competencies initially didn’t enable the CC to become a powerful player. While the CC did in some extent contribute to the democratization process in Senegal, notably in regard to parliamentary elections, many of its decisions appear to be in favor of the state president and the ruling party. This is particularly the case for the CC’s ruling that approved former President Abdoulaye Wade’s bid to run for a third presidential term in the 2012 elections. The decision was highly controversial, but despite large oppositional and civil society protests it was generally accepted and Wade was finally removed from his office by free and peaceful elections. These events changed the democratic consciousness of the country and also had an impact on the role and design of constitutional justice in Senegal.
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