Constitutional Law at Mali
Mali's constitutional landscape has undergone significant transformations since the adoption of its 1992 Constitution, reflecting the country's evolving political dynamics.
🇲🇱 The 1992 Constitution of Mali
Adopted following a national conference in August 1991 and approved by referendum on January 12, 1992, the 1992 Constitution established Mali as a semi-presidential republic. Key features included:
Presidential System: The President served as both head of state and head of the armed forces, elected for a five-year term with a two-term limit.
Prime Minister and Cabinet: The President appointed the Prime Minister, who was responsible to the National Assembly and could be dismissed through a vote of no confidence
Separation of Powers: A bicameral legislature (National Assembly and Senate) and an independent judiciary were established.
Human Rights Protections: The constitution guaranteed fundamental rights, including freedom of expression, assembly, and association, and adhered to international human rights treaties .
This constitution remained in effect until its suspension following the 2012 military coup.
🛡️ The 2023 Constitution: Shift to a Presidential System
In 2023, Mali adopted a new constitution that significantly altered its governance structure:
Presidential System: The new constitution transformed Mali into a presidential republic, concentrating executive powers in the hands of the President.
Presidential Powers: The President gained the authority to appoint and dismiss the Prime Minister and the Cabinet, who are now solely accountable to the President.
Parliamentary Dissolution: The President was granted the power to dissolve the National Assembly, a significant shift from the previous system .
Electoral Reforms: The constitution introduced changes to the electoral system, including provisions for the President's election and the conduct of referendums.
The 2023 constitution was approved by referendum on June 18, 2023, with 96.91% of voters in favor, though voter turnout was 38.23% .
⚖️ Implications and Criticisms
The adoption of the 2023 constitution has been met with both support and criticism:
Support: Proponents argue that the new constitution provides a stable framework for governance and addresses issues related to national unity and decentralization.
Criticism: Opponents contend that the concentration of power in the presidency undermines democratic principles and could lead to authoritarian rule.
The transition to the new constitutional order continues to shape Mali's political landscape, with ongoing debates about its impact on democracy and governance.
📘 Accessing the Constitution
The full text of the 1992 Constitution of Mali is available
The 2023 Constitution of Mali is available in French
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