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Table of Contents

  1. Preamble
  2. CHAPTER I. THE REPUBLIC
  3. CHAPTER II. THE CONSTITUTION AND THE LAWS
  4. CHAPTER III. CITIZENSHIP
  5. CHAPTER IV. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOM
  6. CHAPTER V. REPRESENTATION OF THE PEOPLE
  7. PART 1. THE FRANCHISE
  8. PART 2. THE INDEPENDENT ELECTORAL COMMISSION
  9. PART 3. PRESIDENTIAL ELECTIONS
  10. PART 4. NATIONAL ASSEMBLY CONSTITUENCIES
  11. PART 5. NATIONAL ASSEMBLY ELECTIONS
  12. PART 6. SEYFOLU AND ALKALOLU
  13. PART 7. POLITICAL PARTIES
  14. CHAPTER VI. THE EXECUTIVE
  15. PART 1. THE PRESIDENT
  16. PART 2. THE VICE-PRESIDENT, SECRETARIES OF STATE AND THE CABINET
  17. PART 3. EXECUTIVE POWERS
  18. PART 4. PROSECUTIONS
  19. CHAPTER VII. NATIONAL ASSEMBLY AND LEGISLATION
  20. PART 1. ESTABLISHMENT OF THE NATIONAL ASSEMBLY AND MEMBERS
  21. PART 2. THE MEETING AND DISSOLUTION OF THE NATIONAL ASSEMBLY
  22. PART 3. LEGISLATIVE AND OTHER POWERS OF THE NATIONAL ASSEMBLY
  23. PART 4. PROCEDURE IN THE NATIONAL ASSEMBLY
  24. CHAPTER VIII. THE JUDICATURE
  25. PART 1. THE COURTS OF THE GAMBIA
  26. PART 2. THE SUPERIOR COURTS
  27. A. THE SUPREME COURT
  28. B. THE COURT OF APPEAL
  29. C. THE HIGH COURT
  30. D. SPECIAL CRIMINAL COURT
  31. PART 3. THE CADI COURT
  32. PART 4. THE JUDGES
  33. PART 5. ADMINISTRATION OF THE COURTS
  34. PART 6. THE JUDICIAL SERVICE COMMISSION
  35. CHAPTER IX. FINANCE
  36. PART 1. PUBLIC FINANCE
  37. PART 2. THE AUDITOR GENERAL AND THE NATIONAL AUDIT OFFICE
  38. PART 3. THE CENTRAL BANK
  39. CHAPTER X. THE OMBUDSMAN
  40. CHAPTER XI. THE PUBLIC SERVICE
  41. PART 1. Offices in the Public Service
  42. PART 2. THE PUBLIC SERVICE COMMISSION
  43. PART 3. PUBLIC ENTERPRISES
  44. CHAPTER XII. THE POLICE FORCE AND PRISON SERVICE
  45. PART 1. THE POLICE FORCE
  46. PART 2. THE PRISON SERVICE
  47. CHAPTER XIII. THE ARMED FORCES AND THE NATIONAL INTELLIGENCE AGENCY
  48. PART 1. THE ARMED FORCES
  49. PART 2. NATIONAL INTELLIGENCE AGENCY
  50. CHAPTER XIV. LAND COMMISSION
  51. CHAPTER XV. LOCAL GOVERNMENT AND TRADITIONAL RULERS
  52. CHAPTER XVI. THE NATIONAL YOUTH SERVICE
  53. CHAPTER XVII. THE NATIONAL COUNCIL FOR CIVIC EDUCATION
  54. CHAPTER XVIII. COMMISSIONS OF INQUIRY
  55. Chapter XIX. The Media
  56. CHAPTER XX. DIRECTIVE PRINCIPLES OF STATE POLICY
  57. CHAPTER XXI. CODE OF CONDUCT FOR PUBLIC OFFICERS
  58. CHAPTER XII. AMENDMENT OF THE CONSTITUTION
  59. CHAPTER XXIII. MISCELLANEOUS
  60. PART 1. APPOINTMENTS AND RESIGNATIONS
  61. PART 2. GENERAL
  62. SCHEDULE 1. DIMENSIONS OF THE NATIONAL FLAG
  63. SCHEDULE 2. TRANSITIONAL AND CONSEQUENTIAL PROVISION

Constitution of The Gambia (1996, rev. 2004)

1The following text is from the Constitute Project, who through a Creative Commons Attribution-Noncommercial 3.0 Unported License, has generously made this content available for use for noncommercial purposes. Follow (right-click) the links and read the annotation to learn more. 1

2


3Preamble

4In the name of God, the Almighty.

5We the people of The Gambia have accomplished a great and historic task. We have had our say on how we should be governed. For this Constitution contains our will and resolve for good governance and a just, secure and prosperous society.

6Our hopes and aspirations as a people were reflected in the enthusiasm and zeal with which we embarked on the task of nation building on the attainment of independence. The self-perpetuating rule of the recent past, however, soon gave rise to the abuse of office and related vices which negated the total welfare of the Gambian people. The sovereign people of The Gambia therefore endorsed the change of government on 22nd July 1994 to rectify such evils.

7This Constitution provides for us a fundamental Law, which affirms our commitment to freedom, justice, probity and accountability. It also affirms the principle that all power emanate from the sovereign will of the people.

8The fundamental rights and freedoms enshrined in this Constitution will ensure for all time respect for and observance of human rights and fundamental freedoms for all, without distinction as to ethnic considerations, gender, language or religion. In acknowledging our fundamental rights we also affirm our duties and responsibilities as citizens of this Country.

9This Constitution guarantees participatory democracy that reflects the undiluted choice of the people. The functions of the arms of government have been clearly defined, their independence amply secured with adequate checks and balances to ensure that they all work harmoniously together toward our common good.

10As we usher in the Second Republic and beyond we give ourselves and generations of Gambians yet unborn this Constitution as a beacon of hope for peace and stability in our society and the good governance of The Gambia for all time.

11In this spirit, we continue to pledge our firm allegiance to our beloved Country and pray that the Great God of Nations will keep us all ever true to The Gambia.

12CHAPTER I. THE REPUBLIC

131. The Republic

141. The Gambia is a Sovereign Secular Republic

152. The Sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution

162. Public Seal

171. The Public seal shall be the seal in existence immediately before this Constitution comes into force or such other seal as may be prescribed by an Act of the National Assembly.

182. The Public Seal shall be used exclusively for authenticating matters of state and no person or organisation, other than the Government of The Gambia and those persons who may be authorised in accordance with an Act of the National assembly, may use the design of the seal or any design resembling it as such person's or organisation's emblem.

193. National Flag And anthem

201. The National Flag shall be a flag of the design set out in Schedule 1.

212. The National Anthem shall be the anthem in use immediately before this Constitution comes into force.

22CHAPTER II. THE CONSTITUTION AND THE LAWS

234. Supremacy Of the Constitution

24This constitution is the supreme Law of The Gambia and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.

255. Enforcement Of the Constitution

261. A person who alleges that-

27 a.any Act of the National Assembly or any thing done under the authority of an Act of the National Assembly, or

28 b.any act or omission of any person or authority,

29is inconsistent with; or is in contravention of a provision of this constitution, may bring an action in a court of competent jurisdiction for a declaration to that effect.

302. The court may make orders and give directions as it may considered appropriate for given, to such a declaration and any person to whom any order or direction is addressed shall duly obey and carry out the terms of the order or direction.

313. The failure to obey or carry out any order made or direction given under subsection (2) shall constitute the offence of violating the Constitution and

32 a.shall, in the case of the President or Vice President, constitute a ground for his or her removal from office in accordance with section 67; and

33 b.any other person who is convicted of that office shall be liable to the penalty prescribed by an Act of the National Assembly.

346. Defence of The Constitution

351. Any person who -

36 a.by himself or herself or in concert with others, by any violent or other unlawful means, suspends or overthrows or abrogates this Constitution or any part of it, or attempts to do any such act, or

37 b.aids and abets in any manner any person referred to in paragraph (a)

38commits the offence of treason and shall, on conviction, be liable to the penalty prescribed by an Act of the National Assembly for that offence.

392. All citizens of The Gambia have the right and the 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.

403. A person who resists the suspension, overthrow or abrogation of this Constitution as provided in subsection (2), commits no offence.

417. The Laws Of the Gambia

42In addition to this Constitution, the laws of The Gambia consist of

43 a.Acts of the National Assembly made under this Constitution and subsidiary legislation made under such Acts;

44 b.Any orders, Rules, Regulations or other subsidiary legislation made by a person or authority under a power conferred by this Constitution or any other law;

45 c.The existing laws including all decrees passed by the Armed Forces Provisional Ruling Council;

46 d.The common law and principles of equity;

47 e.Customary law so far as concerns members of the communities to which it applies;

48 f.The sharia as regards matters of marriage, divorce and inheritance among members of the communities to which it applies.

49CHAPTER III. CITIZENSHIP

508. Citizens on The Commencement Of the Constitution

51Every person who, immediately before the coming into force of this Constitution, is a citizen of The Gambia, shall, subject to this Constitution-

52 a.continue to be a citizen of The Gambia;

53 b.retain the same status as a citizen by birth, by descent, by registration or by naturalisation, as the case may be, as he or she enjoyed immediately before the coming into force of this Constitution.

549. Citizen by birth

55Every person born in The Gambia after the coming into force of this Constitution shall be presumed to be a citizen of The Gambia by birth if at the time of his or her birth, one of his or her parents is a citizen of The Gambia.

5610. Citizen by Descent

57A person born outside The Gambia after the coming into force of this Constitution shall be a citizen of The Gambia by descent if at the time of his or her birth either of his or her parents is a citizen of The Gambia otherwise than by virtue of this section or any comparable provision of any earlier Constitution.

5811. Marriage To a citizen

59Any person who-

60 a.is married to a citizen of The Gambia and, since the marriage, has been ordinarily resident in The Gambia for a period of not less than seven years; or

61 b.has been married to another person who was, during the subsistence of the marriage a citizen of The Gambia and, since the end of the marriage (whether by annulment, divorce or death), has been ordinarily resident in The Gambia for a period of not less than seven years,

62shall be entitled, upon making application in such manner as may be prescribed by or under an Act or the National Assembly, to be registered as a citizen of The Gambia.

632. The annulment of a marriage of a person who has been registered as a citizen of The Gambia under this section, or under the provisions of any earlier law for the registration as a citizen of The Gambia of a person on account of marriage, shall not affect that person's status as a citizen of The Gambia.

6412. Naturalisation as a Citizen

651. Any person who has been ordinarily resident in The Gambia for a continuous period of not less than fifteen years and who satisfies the conditions set out in subsection (2) may apply, in such manner as may be prescribed by or under an Act of the National Assembly, to be naturalised as a citizen of The Gambia.

662. The conditions referred to in subsection (1) are that the applicant-

67 a.is of full age and capacity;

68 b.is of good character

69 c.has clearly shown that, if naturalised, he or she intends to continue permanently to reside in The Gambia;

70 d.is capable of supporting himself or herself and his or her dependents.

713. The Secretary of State shall give reasons for any refusal of an application made under this section.

724. No person shall be naturalized until he or she has renounced any other citizenship he or she may have taken an oath of allegiance to The Gambia.

7312A. Dual Citizenship

741. A Citizen of The Gambia who acquires the Citizenship of another Country may, if he or she so desires, retain his or her citizenship of The Gambia

752. An Act of the National Assembly may make provision for the better implementation of this section.

7613. Deprivation citizenship

771. The Secretary of State may apply to the high court for an order depriving a person who has been registered or has been naturalised as a citizen of The Gambia of his or her citizenship on the grounds that he or she-

78 a.has acquired by registration, naturalisation or any voluntary and formal act (other than marriage) the citizenship of any other country.

79 b.has acquired the citizenship of The Gambia by means of fraud, false representation or the concealment of any material fact;

80 c.has, at any time since acquiring citizenship of The Gambia, voluntarily claimed and exercised in a country other than The Gambia any rights available to him or her under the laws of that country, being rights accorded exclusively to that country's citizens;

81 d.has within seven years after being registered or naturalised been convicted in any country of an offence involving fraud, dishonesty or moral turpitude.

82and, in the cases referred to in paragraphs (c) and (d), it is not conducive to the public good that he or she should continue to be a citizen of The Gambia.

832. Before making any application for an order under this section, the Secretary of State shall give notice in writing to the person concerned of the grounds for the application and of his or her right to be heard and to be legally represented at the hearing of the application before the Court.

843. If the High Court is satisfied that the Secretary of State has established that the person concerned has acted in a manner described in subsection (1) and notified that person, and, in a case referred to in paragraph (c) or (d) of subsection (1) that it is not conducive to the public good that the person concerned should continue to be a citizen of The Gambia, it shall made an order depriving that person his or her citizenship of The Gambia.

854. Nothing in this or any other provision of this Constitution or any other law shall be construed has depriving, or authorising any person or authority to deprive, any citizen of The Gambia by birth or descent of his or her citizenship of The Gambia whether on account of such citizen holding the citizenship or nationality of some other country or for any other cause.

8614. Restoration Of Citizenship

87A citizen of The Gambia who loses his or her citizenship of The Gambia as a result of the acquisition or profession of the citizenship of some other country shall, on the renunciation of the citizenship of that other country, be entitled to be registered, or if he or she was formerly a citizen by birth or descent, to be officially recognised, as a citizen of The Gambia.

8815. Acts of the National Assembly

89An act of the National Assembly may make Provision for

90 a.the acquisition of the citizenship of The Gambia by persons who are not eligible to become citizens under the provisions of this Chapter;

91 b.the renunciation by any person of his or her citizenship of The Gambia; and

92 c.generally to give effect to the provisions of this Chapter.

9316. Interpretation of chapter III

941. In this Chapter, "Secretary of State" means the Secretary of State for the time being responsible for citizenship matters.

952. For the purposes of this Chapter, a person, born aboard a registered ship or aircraft, aboard an unregistered ship or aircraft of the government of any country, shall be deemed to have been born in the place in which the ship or aircraft is registered or, as the case may be, in that country.

963. Any reference in this Chapter to the citizenship of a parent of a person at the time of that person's birth, shall, in relation to a person born after the death of that parent, be construed as reference to that parent's citizenship at the time of death.

97CHAPTER IV. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOM

9817. Fundamental Rights and Freedoms

991. The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by all organs of the Executive and its agencies, the Legislature and, where applicable to them, by all natural and legal persons in The Gambia, and shall be enforceable by the Courts in accordance with this Constitution.

1002. Every person in the Gambia, whatever his or her race, colour, gender, Language, religion, political or other opinion, National or social origin, property, birth or other status, shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter, but subject to respect for the rights and freedoms of others and for the public interest.

10118. Protection of right to life

1021. No person shall be deprived of his or her life intentionally except in the execution of a sentence of death imposed by a court of competent jurisdiction in respect of a criminal offence for which the penalty is death under the Laws of The Gambia as they have effect in accordance with subsection (2) and of which he or she has been lawfully convicted.

1032. As from the coming into force of this Constitution, no court in The Gambia shall be competent to impose a sentence of death for any offence unless the sentence is prescribed by law and the offence involves violence, or the administration of any toxic substance, resulting in the death of another person.

1043. The National Assembly shall within ten years from the date of the coming into force of this Constitution review the desirability or otherwise of the total abolition of the death penalty in The Gambia

1054. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his or her life in contravention of this section if he or she dies as a result of the use of force to such extent as is reasonably justifiable in the circumstances of the case, that is to say-

106 a.for the defence of any person from unlawful violence or for the defence property;

107 b.in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

108 c.for the purpose of suppressing a riot, insurrection of mutiny;

109 d.in order to prevent the commission by that person of a criminal offence, or

110 e.if he or she dies as a result of a lawful act of war.

11119. Protection right to Personal liberty

1121. Every person shall have the right to liberty and security of person. No one shall be subjected to arbitrary, arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established by law.

1132. Any person who is arrested or detained shall be informed as soon as is reasonably practicable and in any case within three hours, in a language that he or she can understands, of the reasons for his or her arrest or detention and of his or her right to consult a legal practitioner.

1143. Any person who is arrested or detained-

115 a.for the purpose of bringing him or her before a court in execution of the order of a court, or

116 b.upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the Laws of The Gambia, and who is not released,

117shall be brought without undue delay before a court and, in any event, within seventy-two hours

1184. Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicions of his or her having committed or being about to commit an offence, he or she shall not thereafter be further held in custody in connection with those proceedings or that offence save upon the order of a court.

1195. If any person arrested or detained as mentioned in subsection (3)(b) is not tried within a reasonable time, then without prejudice to any further proceedings which may be brought against him or her, he or she shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he or she appears at a later date for trial or proceedings preliminary to trial.

1206. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person of from any other person or authority on whose behalf that other person was acting.

12120. Protection From slavery And forced labour

1221. No person shall be held in slavery or servitude

1232. No person shall be required to perform forced labour.

1243. For the purposes of this section, the expression "forced labour" does not include-

125 a.any labour required in consequence of a sentence or order of court;

126 b.labour required of any person while he or she is lawfully detained that, though not required in consequence of the sentence or order of the court, is reasonable necessary in the interests of hygiene or for the maintenance of the place in which he or she is detained;

127 c.any labour required of a member of a defence force in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of any naval, military or air force, any labour which that person is required by law to perform in place of such service;

128 d.any labour required during a period of public emergency or in the event of any other emergency or calamity which threatens the life or well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity for the purposes of dealing with that situation; or

129 e.any labour reasonably required as part of reasonable and normal communal or other civic obligations.

13021. Protection from inhuman treatment

131No person shall be subject to torture or inhuman degrading punishment or other treatment

13222. Protection from deprivation of property

1331. No property of any description shall be taken possession of compulsorily, and no right over or interest in any such property shall be acquired compulsorily in any part of The Gambia, except where the following conditions are satisfied:

134 a.the taking of possession or acquisition is necessary in the interest of defense, public safety, public order, public morality, public health, town and country planning, or the development or utilisation of any property in such manner as to promote the public benefit; and

135 b.the necessity therefore is such as to afford reasonable justification of the causing of any hardship that may result to any person having any interest in or right over the property, and

136 c.provision is made by law applicable to that taking of possession or acquisition-

137 i.for the prompt payment of adequate compensation; and

138 ii.securing to any person having an interest in or right over the property, a right of access to a court or other impartial and independent authority for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.

1392. Nothing in this section shall be construed as affecting the making of any law in so far as it provides for the taking or acquisition of property

140 a.in satisfaction of any tax, rate or due;

141 b.by way of penalty for breach of law, whether under civil process or after conviction for a criminal offence;

142 c.as an incident of a lease, tenancy mortgage, charge, bill of sale, pledge or contract;

143 d.by way of the vesting or administration of trust property enemy property, bona vacantia, or the property of persons adjudged or otherwise declared bankrupt or insolvent persons of unsound mind,

144 e.in the execution of judgements or order of courts;

145 f.by reason of such property being in a dangerous state or liable to cause injuries to the health of human beings, animals or plants;

146 g.in consequence of any law with respect to the limitation of actions; or

147 h.for so long as such taking of possession may be necessary for the purpose of any examination, investigation, trial or inquiry, or, in the cases of land, the carrying out thereon-

148 i.Of work of soil conservation or the conservation of other resources; or

149 ii.Of agricultural development or improvement which the owner occupier of the land has been required and has without reasonable or lawful excuse refused or failed, to carryout, except so far as that provision, or as the case may be the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

1503. Nothing in this section shall be construed as affecting the making or operation of any law for the compulsory taking in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property interest is held by a body corporate which is established directly by any law and in which no monies are provided by an Act of the National Assembly.

1514. where a compulsory acquisition of land by or on behalf of the Government involves the displacement of any inhabitant who occupy the land under customary law, the Government shall resettle the displaced inhabitants on suitable alternative land with due regard to their economic well being and social and cultural values.

1525. Any such property of whatever description compulsorily taken possession of, and any interest in or right over property of any description compulsorily acquired in the public interest for a public purpose for which it is taken or acquired.

1536. Where any such property as is referred to in subsection (5) is not used in the public interest or for the public purpose for which it was taken or acquired, the person who was the owner immediately before the compulsory taking or acquisition, as the case may be, shall be given the first option of acquiring that property, in which event he or she shall be required to refund the whole or such part of the compensation as may be agreed upon between the parties thereto; and in the absence of any such agreement such amount as shall be determined by the high Court.

15423. Privacy

1551. no person shall be subject to interference with the privacy of his or her home, correspondence or communications save as is in accordance with law and is necessary in a democratic society in the interest of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights and freedoms of others.

1562. Searches of the person or the home of individuals shall only be justified-

157 a.where these are authorised by a competent judicial authority ;

158 b.in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest and such procedures as are prescribed by an Act of the national Assembly to preclude abuse are properly satisfied. Provision to secure protection

15924. Provision to secure protection of the law and fair play

1601. Any court or other adjudicating authority established by law for the determination of any criminal trial or matter, or for the determination of the existence or extent of any civil right or obligation, shall be independent and impartial; and

161 a.if any person is charged with a criminal offence, then, unless the charge is withdrawn; or

162 b.where proceedings are commenced for the determination or the existence of any civil right or obligation,

163the case shall be afforded a fair hearing within a reasonable time.

1642. All proceedings of every court and proceedings relating to the determination of the existence or extent of civil rights or obligations before any other authority including the announcement of the decision of the court or other authority, shall be held in public.

165Provided that the court or other authority may, to such extent as it may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or interlocutory civil proceedings, or to such extent as it may be empowered or required by law to do so in the interest of defense, public safety, public order, public morality, the welfare of persons under the age of eighteen years or the protection of the private lives of persons concerned in the proceedings, exclude from its proceedings persons other than the parties thereto and their legal representatives.

1663. Every person who is charged with a criminal offence-

167 a.shall be presumed innocent until he or she is proved or has pleaded guilty;

168 b.shall be informed at the time he or she is charged, in a language which he or she understands and in detail, of the nature of the offence charged;

169 c.shall be given adequate time and facilities for the preparation of his or her defense;

170 d.shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;

171 Provided that where a person is charged with an offence which carries a punishment of death or imprisonment for life, that person shall be entitled to legal aid at the expense of the State.

172 e.shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

173 f.shall be permitted to have without payment the assistance of an interpreter if he or she cannot understand the language used at the trial of the charge; and, except with his or her own consent, the trial shall not take place in his or her absent unless he or she so conducts himself or herself has to render the continuance of the proceedings in his or her presence impractical and the court has ordered him or her to be removed and the trial to proceed in his or her absence.

1744. When a person is tried for any criminal offence, the accused person or any person authorised by him or her in that behalf shall, if he or she requires and subject to the payment of such reasonable fee as may be prescribed by law, be given within a reasonable time, and in any event within thirty days after the end of the trial, a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

1755. No person shall be charged with or held to be guilty of a criminal offence on account of any act or omission which did not at the time it took place constitute such an offence, and no penalty shall be imposed for any criminal offence which is more severe in degree or description that the maximum penalty which might have been imposed for that offence at the time when it was committed.

1766. No person who shows he or she has been tried by any competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other offence of which he or she could have been convicted at the trial for that offence save upon the order of a superior court made in the course of appeal or revision proceedings relating to the conviction or acquittal:

177Provided that nothing in any law shall be held to be inconsistent with or in contravention of this subsection by reason only that it authorises any court to try a member of a defense force for a criminal offence notwithstanding any trial or conviction of the member under service law; but any court so trying such a member and convicting him or her shall, in sentencing him or her to any punishment, take into account any punishment awarded him or her under service law.

1787. No person shall be tried for a criminal offence if he or she shows he or she has been pardoned for that offence.

1798. No person charged with a criminal offence shall be compelled to give evidence at the trial.

1809. A person charged with criminal offence in the High court shall have the right to elect to be tried by a jury.

18110. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of-

182 a.subsection (3)(a) to the extent that the law in question imposes upon any person charged with a criminal offence the burden of proving particular facts;

183 b.subsection (3)(e), to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds.

18425. Freedom Of speech, conscience, assembly, association and movement

1851. Every person shall have the right to-

186 a.freedom of speech and expression, which shall include freedom of the press and other media;

187 b.freedom of thought, conscience and belief, which shall include academic freedom;

188 c.freedom to practise any religion and to manifest such practice;

189 d.freedom to assemble and demonstrate peaceably and without arms;

190 e.freedom of association, which shall include freedom to form and join associations and unions, including political parties and trade unions;

191 f.freedom to petition the Executive for redress of grievances and to resort to the Courts for the protection of his or her rights.

1922. Every person lawfully within The Gambia shall have right to move freely throughout The Gambia, to choose his or her own place of residence within The Gambia, and to leave The Gambia.

1933. Every citizen of The Gambia shall have the right to return to The Gambia.

1944. The freedoms referred to in subsections (1) and (2) shall be exercised subject to the law of The Gambia in so far as that law imposes reasonable restriction on the exercise of the rights and freedoms thereby conferred, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of The Gambia, national security, public order, decency or morality, or in relation to contempt of court.

19526. Political rights

196Every citizen of The Gambia of full age and capacity shall have the right, without unreasonable restrictions-

197 a.to take part in the conduct of public affairs, directly or through freely chosen representatives;

198 b.to vote and stand for elections at genuine periodic elections for public office, which election shall be by universal and equal suffrage and be held by secret ballot;

199 c.to have access, on general terms of equality, to public service in The Gambia.

20027. Right to marry

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  • Theoretical/Philosophical
  • Historical Commentary
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  • separation of powers
  • rules
  • Rufus King
  • slave
  • slave labor
  • slavery
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  • republicanism
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  • Oliver Ellsworth
  • record
  • records
  • republican
  • representation
  • slaves
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  • William Jackson
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  • taxes
  • taxation
  • three-fifths clause
  • twenty-year compromise
  • vice president
  • U.S. Supreme Court
  • North Carolina
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  • contract clause
  • Dred Scott
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  • Elbridge Gerry
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  • Antifederalist
  • anti-slavery
  • Articles of Confederation
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  • confederacy
  • compromise
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  • journal
  • John Dickinson
  • Federalist
  • federalism
  • General Pinckney
  • George Washington
  • James Madison
  • international trade
  • 3/5 clause
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