Bras de fer exécutif-législatif : La note technique qui accuse Ousmane Sonko d'abus de pouvoir
In the midst of the parliamentary battle over the constitutional revision, the tension has shifted to the rules of procedure of the National Assembly. An official explanatory note reiterates that Article 82, paragraph 4, of the Constitution establishes the "blocked vote" as an exclusive prerogative of the Government. This mechanism stipulates that: "If the Government so requests, the National Assembly, having been seized of the matter, shall vote, in a single vote, on all or part of the text under discussion, retaining only the amendments proposed or accepted by the Government."
The technical note clarifies that this provision makes no distinction between a government bill and a private member's bill. In accordance with the principle of strict interpretation of the law, this constitutional provision therefore applies to all texts submitted to the National Assembly for deliberation, including proposals to amend the Constitution. This interpretation is further confirmed by Article 87, paragraph 2, of the National Assembly's Rules of Procedure, which uses the same wording without any restriction.
Defined as a classic instrument of "rationalization of parliamentarism", the blocked vote aims to guarantee the textual coherence and effectiveness of public action, its appropriateness falling under the sole power of the Executive.
The refusal of the President of the National Assembly was described as a constitutional violation.
The published legal argument directly targets the decision by the Speaker of the National Assembly, Ousmane Sonko, to reject the Government's request. While the Executive branch had formally requested the application of the blocked vote procedure based on constitutional and regulatory texts, the Speaker of the lower house rejected the request on the grounds that this procedure was reserved exclusively for draft legislation.
For the authors of the memo, this interpretation constitutes an abuse of procedural power. By refusing to implement the blocked vote, the President of the National Assembly "substituted a condition not contained in the constitutional rule." The document concludes firmly that this decision "thus stems from a disregard for legal and constitutional requirements," deliberately depriving the Government of the exercise of a fundamental right expressly recognized by the supreme charter.
Commentaires (91)
Participer à la Discussion
Règles de la communauté :
💡 Astuce : Utilisez des emojis depuis votre téléphone ou le module emoji ci-dessous. Cliquez sur GIF pour ajouter un GIF animé. Collez un lien X/Twitter, TikTok ou Instagram pour l'afficher automatiquement.