constituteproject.org
PDF generated: 18 Apr 2016, 15:28
TITLE XIV: OF THE CONSTITUTIONAL
COUNCIL
• Establishment of constitutional court
• Constitutional court powers
• Constitutional interpretation
Article 152
The Constitutional Council is the institution competent in constitutional and
electoral matters. It is charged to decide on the constitutionality of the laws, of the
ordinances as well as the conformity of the international treaties and agreements
with the Constitution.
It interprets the provisions of the Constitution. It controls the regularity, the
transparency and the sincerity of the referendum, of the presidential elections,
legislative [elections] and is the judge of electoral disputes. It proclaims the definitive
results of the referendum, [and] of the presidential and legislative elections.
The control of the regularity and of the transparency of local elections corresponds
to the competence of the administrative tribunals. The proclamation of the definitive
results of these elections corresponds to the competence of the Council of State.
• Constitutional court term limits
• Eligibility for const court judges
• Constitutional court selection
• Constitutional court term length
• Outside professions of legislators
Article 153
The Constitutional Council consists of:
• the former Heads of State of Burkina Faso;
• three (3) magistrates appointed by the President of Faso on proposal of the
Minister of Justice;
• three (3) persons of distinction appointed by the President of Faso having
at least one jurist;
• three (3) persons of distinction appointed by the President of the National
Assembly having at least one jurist;
• [and] three (3) persons of distinction appointed by the President of the
Senate having at least one jurist.
The members of the Constitutional Council are appointed for a sole mandate of nine
(9) years. They elect from among themselves the President of the Constitutional
Council.
With the exception of the former Heads of State, the members of the Constitutional
Council are renewable by thirds (1/3) every three years within the conditions
established by the law.
The functions of member of the Constitutional Council are incompatible with those
of a member of the Government or of the Parliament.
The other incompatibilities are established by the law.
• Constitutional court powers
• Constitutional interpretation
Article 154
The Constitutional Council sees to the regularity of the presidential elections. It
examines the complaints and proclaims the results of the ballot.
The Constitutional Council decides, in case of dispute, on the regularity of the
election or of the appointment of the members of the Parliament.
In electoral matters, the Constitutional Council can be referred to [a matter] by any
interested candidate.
Burkina Faso 1991 (rev. 2012)
Page 29