The Gambia 2019 Draft Constitution

CHAPTER II. THE CONSTITUTION AND THE LAWS

6. Supremacy of the Constitution

1. This Constitution is the supreme law of the Republic and binds all persons and all State organs at both the national and local levels of government.
2. No person may claim or exercise State authority except as authorised under this Constitution.
3. The validity or legality of this Constitution is not subject to challenge by or before any court or other organ of the State.
4. Any law that is inconsistent with this Constitution is void to the extent of the inconsistency, and any act or omission in contravention of this Constitution is invalid.

7. Defence of the Constitution

1. Every person, including every organ of State, has an obligation to respect, uphold and defend this Constitution.
2. Any attempt by any person to establish a government otherwise than in compliance with this Constitution is unlawful.
3. No person shall—
   1. by himself or herself or in concert with others, by any violent or other unlawful means, suspend, overthrow or abrogate this Constitution or any part of it, or attempt to do any such act; or
   2. aid or abet in any manner any person referred to in paragraph (a).
4. Any person who acts contrary to subsection (2) or (3) commits the offence of treason and shall, on conviction, be liable to the penalty prescribed by an Act of the National Assembly for that offence.
5. All citizens of The Gambia have the right and duty at all times to defend this Constitution and, in particular, to resist, to the extent reasonably justifiable in the circumstances, any person or group of persons seeking or attempting by any violent or unlawful means to suspend, overthrow or abrogate this Constitution or any part of it.
6. A person who resists the suspension, overthrow or abrogation of this Constitution as provided in subsection (5), commits no offence.

8. Enforcement of the Constitution

1. Every person has the right to institute court proceedings, claiming that this Constitution has been contravened, or is threatened with contravention.
2. In addition to a person acting in their own interest, court proceedings under subsection (1) may be instituted by—
   1. a person acting on behalf of another person who cannot act in their own name;
   2. a person acting as a member, or in the interest, of a group or class of persons;
   3. a person acting in the public interest; or
   4. an association acting in the interest of one or more of its members.
3. The court may make orders and give directions as it may consider appropriate to ensure compliance with this Constitution and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.
4. The failure to obey or carry out any order made or direction given under subsection (3) shall constitute the offence of violating the Constitution and—
   1. shall, in the case of the President, Vice-President, Speaker, Deputy Speaker, a National Assembly Member, a Minister or any public officer, constitute a ground for his or her removal from office in accordance with this Constitution or an Act of the National Assembly; and
   2. any other person who is convicted of that offence shall be liable to the penalty prescribed by an Act of the National Assembly.

9. Laws of The Gambia

1. In addition to this Constitution, the laws of The Gambia consist of-
   1. Acts of the National Assembly made under this Constitution and subsidiary legislation made under this Constitution and such Acts;
   2. the existing laws;
   3. the common law and principles of equity;
   4. customary law so far as concerns members of the communities to which it applies; and
   5. the Shari’ah as regards matters of marriage, divorce, burial, endowment (waqf) and inheritance among members of the communities to which it applies.
2. Subject to subsection (3), a treaty to which The Gambia is a party shall not form part of the laws of The Gambia unless it is incorporated in an Act of the National Assembly.
3. The courts may have due regard to international treaties on human rights to which The Gambia is a party where it considers it necessary to aid its interpretation or application of a provision of this Constitution with respect to any right or freedom.