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The Constitutional Law of The Gambia: A Comprehensive Examination of its Historical Evolution

Hassan Cox

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Published in The Constitutional Law Of The Gambia: 1965 2024

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: The Gambia's Unique Constitutional Journey

Nestled on the West African coast, The Gambia presents a fascinating case study for constitutional law enthusiasts. Its history, marked by colonial rule, independence, and multi-party democracy, has shaped a nuanced constitutional framework that reflects the nation's aspirations and challenges. "The Constitutional Law of The Gambia: 1965-2024" delves into this intricate tapestry, offering a comprehensive analysis from the pre-independence era to the present day.

Part I: The Pre-Independence Era (1965-1970)

The Gambia gained independence from British colonial rule in 1965, marking a pivotal moment in its constitutional history. The Independence Constitution, adopted in 1965, established The Gambia as a constitutional monarchy with a parliamentary form of government. The British monarch served as Head of State, while the Prime Minister, elected by the legislature, was responsible for governing the country.

Part II: The First Republic (1970-1994)

In 1970, The Gambia adopted a republican constitution that abolished the monarchy and established a presidential system. Dawda Jawara became the country's first President, serving for 24 years. The constitution provided for a strong executive and a unicameral legislature. However, concerns about political repression and the suppression of opposition arose during this period.

The Constitutional Law of the Gambia: 1965 - 2024

by Ousman A.S. Jammeh

4.6 out of 5

Language	:	English
File size	:	623 KB
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Print length	:	404 pages

Part III: The Transition to Multi-Party Democracy (1994-2017)

1994 marked a significant turning point in Gambian constitutional history. A bloodless coup led by Yahya Jammeh resulted in the suspension of the constitution. In 1996, a new constitution was adopted, re-establishing a multi-party democracy. Jammeh was elected President in 1996 and remained in power for 22 years, implementing various amendments to the constitution that consolidated his authority.

Part IV: A New Era of Constitutionalism (2017-Present)

In 2016, Adama Barrow emerged victorious in the presidential elections, ending Jammeh's long rule. A new constitution was adopted in 2017, incorporating various reforms aimed at strengthening democratic institutions and limiting the powers of the President. The constitution provides for a decentralized system of government, an independent judiciary, and a robust bill of rights.

Key Constitutional Features and Principles

"The Constitutional Law of The Gambia: 1965-2024" meticulously examines the key features and principles embedded in the Gambian constitution. These include:

Separation of Powers: The Gambian constitution establishes a clear separation between the executive, legislative, and judicial branches of government, ensuring a balance of power.

Rule of Law: The constitution upholds the principle of the rule of law, ensuring that everyone is subject to the same laws and that the government respects the rights of individuals.

Fundamental Rights: The constitution guarantees a comprehensive range of fundamental rights and freedoms, including the right to life, liberty, expression, and assembly.

Challenges and Prospects

Despite its strengths, the Gambian constitution faces challenges. These include:

Weak enforcement of the constitution
Political polarization and the potential for instability
Limited civic education and awareness of constitutional rights

"The Constitutional Law of The Gambia: 1965-2024" explores these challenges and offers insights into the potential reforms needed to strengthen the constitutional framework.

: A Living Document

The Gambian constitution is a living document that has evolved over time, reflecting the country's political, social, and economic transformations. "The Constitutional Law of The Gambia: 1965-2024" provides an invaluable guide to this complex legal landscape, offering a comprehensive analysis of its history, key concepts, and the challenges it faces. This book is an essential resource for academics, legal practitioners, policymakers, and anyone interested in understanding the constitutional fabric of The Gambia.

The Constitutional Law of the Gambia: 1965 - 2024

by Ousman A.S. Jammeh

4.6 out of 5