CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE __________________________________________________________________________ party system, provided they adopt a culture of tolerance and join in the democratic process. Ten years on, President Kérékou, who had reached the age limit for being president, and whose second and final term of office had come to an end, withdrew from the political scene. Elections were held and Dr Thomas Boni Yayi was elected president after presidential elections. In a region where some countries try to change their constitutions to extend the term of office of the head of state (so that the head of state can hold onto power), the Benin example is quite significant. It shows fair play and gives a sense of how highly African people regard their leaders and what they expect from them. This should be highlighted as an exemplary practice to be emulated by others. 162. Constitutional supremacy. The CSAR is rather silent on this issue. However, the report by the TRIs and other documentary resources show that the people of Benin favour a constitutional state based on the supremacy of the constitution. 163. The preamble to the constitution states that the constitution is the supreme law of the state, before which the people of Benin pledge their “loyalty, fidelity and respect”. Articles 154-156 of the constitution set forth a rather rigid procedure for revising it: the draft or proposal, initiated by the president of the republic or the speaker of Parliament, must be ratified by three-quarters of the MPs. The revision only becomes valid after a referendum, except in the event of a parliamentary vote, when four-fifths of MPs can ratify it. 164. Amendments to the constitution require wide consensus among the political class or, if need be, the direct agreement of the people. The Constitutional Court developed a very daring case law on the protection of the constitution. The case law requires all future revisions to the constitution to respect the spirit of the resolutions of the National Sovereign Conference, from which the constitution emanates. Indeed, in Benin, the constitution is generally respected except for a few minor cases of violations of some of its provisions. 165. The contribution of the Constitutional Court to the acceptance of the rule of law and the subjection of public authorities (including subordinate legislation) to the constitution ought to be highlighted as a good practice worth emulating by other African countries. Also laudable is civil society’s vigilance and strong determination to protect the constitution (exemplified in the 2005-2006 “Don’t touch my Constitution” campaign), as well as the loyalty of the previous presidents who complied with the constitution by stepping down rather than attempting a constitutional or military takeover. It appears that 73.98% of the people surveyed felt that the constitution is respected in their country. This should be encouraged in a subregion fraught with conflicts, coups d’état and unconstitutional changes in regime. 166. Generally, the CRM is very concerned about the pervasive indiscipline within the society at an individual, collective and even institutional level, and the high tendency of people to circumvent the norm – whether it is a law or procedure. Refusal to comply with the law, as well as indiscipline and apathy, 80