102. The Senegalese Constitution also establishes that « treaties or agreements duly ratified or approved, on publication, have an authority superior to that of State laws, subject, in the case of each agreement or treaty, to its application by the other party»20. Consequently, the African Charter on Human and Peoples’ Rights, just like other human rights legal instruments ratified by Senegal is a component of the national legal system which State institutions, in particular judicial institutions are duty-bound to enforce when its provisions are invoked before them21. 103. The supreme law of the country also makes the judiciary the custodian of the rights and freedoms which it establishes22. The judicial reform of human rights, in particular, is within the purview of the highest Constitutional courts and the ordinary courts23. 104. In his work on the establishment of rights and obligations, the lawmaker, as the administrative authority, may set limits to the contents or the conditions for exercising the legal provisions on human rights. In such cases, the Constitutional Council may be called upon to prevent the promulgation of the law in accordance with two procedures, particularly by way of action or of exception: 20  Seisure by legal proceedings: The Constitution of Senegal empowers the President of the Republic or the deputies representing 1/10th of the members of the National Assembly to refer a matter to the Constitutional Council to seek remedy for the determination of the constitutionality of a law before its enactment. Hence, any law which is not consistent with the provisions of human rights can be referred to the Constitutional Council for purposes of such a determination.  Seisure by way of a plea: the Constituent Assembly understood «democratize» access to the Constitutional Council to mean a determination of the Constitutionality of a law by using the mechanism of seisure by way of a plea. In fact, this seisure is more open, as every individual who is seeking remedy in a court can, under certain conditions Cf. Article 98 of the Constitution of Senegal. 21 For instance, the Association of persons with physical disabilities of Senegal brought before the Council of State the issue of violation by the academic authorities of Senegal of relevant provisions (Articles 2 and 3) of the African Charter on Human and Peoples’ Rights relating to non-discrimination (Decision No 12 of 29 June, 2000) whereas the RADDHO (the African Meeting for the Defense of Human Rights) and its President, Mr. Alioune Tine referred to Article 11 of the same Charter to buttress the ultra vires appeal before the Supreme Court against the ban on demonstration by the Prefect of the Department of Dakar (Decision No 35 of 13 October 2011). 22 For instance, in addition to the decisions already taken, it is important to state that the judgment of the erstwhile Council of State of Senegal in which it reaffirmed the rule of non-discrimination among people living in Senegal laid down in Article 96 of the Treaty establishing the West African Economic and Monetary Union (Decision No 76 of 31 August 1994, Prosper Guéna NITCHEN et al) and quite recently the Decision of the Supreme Court of Senegal relating to the participation of Senegalese citizens in local elections (Decision No 31 of 11 August 2011, Oumar Gueye et al, Jean-Paul Dias et al vs. Government of Senegal). 23 Cf Article 91 of the Constitution. 24