With the enormous victory of PASTEF at the polls, the ruling party in Senegal, winning 130 out of 165 seats in parliament, many had thought that with the overwhelming victory the legislature can pass any bill for the assent of the president. This is indeed a narrow view of a democracy.
In a democracy, the three arms of the state, the executive, the legislature and the judicature, check and balance each other under the guidance of the Constitution. When a bill is passed it has to be consistent with the Constitution, otherwise it can be declared null and void by the appropriate judicial authority.
Hence when a bill amending the amnesty law enacted by the former regime of Macky Sall which could free anyone suspected of committing murder and torture from prosecution was easily passed by the overwhelming majority of the ruling PASTEF, the opposition opposed the bill and took the matter to the constitutional council. The constitutional council held that the amendment was unnecessary because persons suspected of murder and torture cannot be granted amnesty. In short, the bill, which was passed by the vast majority of parliament could not become law.
