By Lamin Komma
The Constitution Review Commission (CRC) of The Gambia undertook a comprehensive and inclusive review of the 1997 Constitution, which was established under the regime of Yahya Jammeh. This process led to the creation of a new draft constitution in 2020, a document that genuinely reflected the will of the Gambian people. Crafted with extensive input from all segments of society, this constitution aimed to enshrine democratic principles, protect citizens’ rights, and ensure a balanced distribution of power among the three branches of government.
The importance of the constitution review process
Reflecting the People’s Will: The 2020 draft constitution emerged from a robust consultation process, allowing Gambians from all walks of life to contribute to its content. This inclusive approach ensured that the constitution would serve as a true representation of the people’s aspirations for a democratic and a just society.
Promoting National Unity: By involving diverse voices in the constitution-making process, the CRC helped to foster national unity. The resulting constitution is one that belongs to all Gambians, thereby promoting a sense of collective ownership and legitimacy.
The Role of the three arms of government
Separation of Powers: A cornerstone of any democracy is the separation of powers among the three branches of government: the executive, the legislature, and the judiciary. Each of these arms must operate independently, with distinct roles and responsibilities, to ensure that no single branch becomes too powerful.
Checks and balances: The separation of powers is designed to create a system of checks and balances where each branch can limit the powers of the others. The executive implements laws, the legislature creates and scrutinises laws, and the judiciary interprets and applies the laws. This system prevents any one branch from dominating the government, ensuring that power is exercised fairly and transparently.
Mutual respect and independence: Each branch must respect the independence of the others. For instance, the judiciary must be free from political influence to impartially interpret the law, and the legislature must have the autonomy to create and amend laws without undue interference. This balance is crucial for the proper functioning of a democratic system.
The dangers of executive overreach
Undermining Democratic Principles: The president’s attempt to delete, amend, or otherwise alter the 2020 draft constitution without the explicit consent of the people represents a direct threat to the separation of powers. Such actions disregard the checks and balances that are fundamental to a democracy, enabling the executive to exert undue influence over the other branches.
Concentration of Power: When the executive attempts to unilaterally alter the constitution, particularly in ways that would consolidate power within the presidency, it disrupts the balance of power. This concentration of authority in the executive can lead to the erosion of democracy, as it weakens the legislature and judiciary’s ability to serve as effective checks on the president’s power.
The role of the executive in a democracy
Upholding the Rule of Law: The executive’s role in a democracy is to implement and uphold the constitution, not to reshape it according to its own interests. Any attempt by the executive to undermine the separation of powers, especially through constitutional amendments that bypass the democratic process, is a violation of the rule of law.
Guardians of Democracy: Instead of concentrating power, the executive should act as a guardian of democracy, ensuring that the government operates within the constraints established by the constitution. Respecting the independence of the judiciary and the legislature is critical to maintaining the integrity of democratic governance.
The importance of constitutional integrity
Protecting citizens’ rights: The constitution serves as a safeguard for citizens’ rights and freedoms. When the executive seeks to alter the constitution without broad public consultation and parliamentary approval, it risks eroding these protections. The judiciary must remain independent to enforce these rights, and the legislature must have the power to represent the people’s interests in the law-making process.
Ensuring Stability: A constitution that reflects the will of the people is essential for political and social stability. Any effort by the executive to unilaterally change this foundational document can lead to public unrest and weaken the legitimacy of the government.
The role of the people in constitutional amendments
Democratic Participation: In a true democracy, any amendments to the constitution should involve the active participation of the people, often through referendums or broad parliamentary debate. The executive’s role should be to facilitate this process, not to dictate the terms of constitutional change.
Respecting popular sovereignty: The constitution is a manifestation of the people’s sovereignty. Any changes to it must be made in a way that honors the people’s will, through transparent and inclusive processes that ensure broad consensus.
Conclusion
The Constitution Review Commission’s 2020 draft constitution was a product of an extensive, inclusive process that reflected the will of the Gambian people and aimed to strengthen the nation’s democracy. The roles of the executive, legislature, and judiciary are clearly defined within this framework, ensuring that each branch operates independently while serving as a check on the others. The president’s attempt to undermine this principle by altering the constitution without the people’s consent is a serious disregard for democratic principles. Such actions threaten to concentrate power in the executive, eroding the checks and balances that are essential for good governance and the protection of citizens’ rights. To safeguard The Gambia’s democracy, it is imperative that the integrity of the constitution be upheld, with any changes made through processes that respect the separation of powers and the will of the people.
