Mr. Darbo,

If you have arguments against what I wrote by all means provide them instead of your unnecessary invectives.  What the hell does a US Supreme Decision in 1803 has to do with what I wrote? Please humor me with some arguments, and not some childish slurs.


Ebou

Lamin Darbo <[log in to unmask]> wrote:
Your issues are dealt with in the seminal US Supreme Court decision of Marbury v Madison (1803)

In the sense that it would constitute a superflous exercise, I am astounded by the utter nonsense of your call for a constitutional amendment to override judicial decisions.

Do you need any reminding that The 1997 Constitution of the Republic of the Gambia is neither faithful to the rule of law, nor to the doctrine of checks and balances

Even Ebou Jallow is incapable of adding to the inherently perverse character of our nation's supreme governing document.

I hope your friends in power indulge your wishes. It shall be a truly worthless victory for you


LJDarbo



Ebou Jallow
wrote:
The Judiciary including the Gambian Supreme Court is not the supreme branch of government, and that is why the nation-state has the title of "The Republic of The Gambia". A republic has a system of checks and balances in order to guarantee against the follies and the tyranny of democracy. The National Association of the Desperate and Dysfunctional is currently pushing the envelope with frivolous lawsuits in order to secure rights not expressed in the Gambian constitution. This can only lead to the courts transcending the boundaries of their constitutional limits into a murky world of judicial activism. The recent High Court decision that attempted to police the boundaries of the constitutional powers of the IEC is both unwise and unwarranted. Nowhere in the Gambian constitution does the constitution text structure generally compel the other branches of government to accept any court's reading of the constitution in the execution of their own constitutionally mandated functions.
Each branch of government i.e, the NA, Executive and Judiciary must interpret the constitution for itself in the course of performing its own duties. The courts must determine the constitutionality of the statutes that they interpret and apply on cases properly brought to them. The recent Judge's decision to rule in favor of NADD's imagined wrong is simply a very wrong-headed approach in administering justice before the law. The decision has done much harm to over 2500 Gambian voters that have been disenfranchised. The President and the APRC need to take an appropriate legal action on that regard.

As such I would recommend a constitutional amendment to allow the National Assembly to override judicial decisions in the future, and arrest this never ending frivolous lawsuits from NADD.

Ebou Jallow



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