constituteproject.org
PDF generated: 18 Apr 2016, 15:28
The Constitutional Council sees to the regularity of the operations of the
referendum and proclaims the results of it.
The Constitutional Council sees to respect for the procedure of revision of the
Constitution.
• Constitutional interpretation
• Organic laws
• Treaty ratification
• Constitutionality of legislation
Article 155
The organic laws and the regulations of the Chambers of the Parliament, before their
promulgation or their entry into application[,] must be submitted to the
Constitutional Council.
To the same ends, the ordinary laws and the treaties submitted to the procedure of
ratification, may be deferred to the Constitutional Council, before their
promulgation.
• Constitutional interpretation
• Regulation of political parties
Article 156
The Constitutional Council is also charged with the control of respect[,] by the
political parties, for the provisions of Article 13 paragraph 5 of this Constitution.
• Constitutional interpretation
• Constitutionality of legislation
Article 157
The Constitutional Council is referred to [a matter] by:
• the President of Faso;
• the Prime Minister;
• the President of the Senate;
• the President of the National Assembly;
• one-tenth (1/10) at least of the members of the National Assembly.
If, on the occasion of an instance in course before a jurisdiction, it is held that a
legislative provision infringes the rights and freedoms that the Constitution
guarantees, the Constitutional Council can be referred to [the matter] of this
question on referral of the Council of State or of the Court of Cassation. The
Constitutional Council decides within a time period determined by the law. An
organic law determines the conditions of application of this provision.
The Constitutional Council can refer itself to any questions relative to its
competence, if it judges it necessary.
Article 158
The referral of the Constitutional Council to [a matter] suspends the time period of
the promulgation of the texts which are deferred to it.
• Constitutionality of legislation
Article 159
A provision declared unconstitutional may not be promulgated or implemented.
The decisions of the Constitutional Council are not susceptible to any recourse. They
impose themselves on the public powers and on all the administrative and
jurisdictional authorities.
Article 160
Burkina Faso 1991 (rev. 2012)
Page 30