Gambia: What the Gazetted Draft Constitution Says About the Supremacy of the Constitution

Clause 7 of the Gazetted Draft Constitution deals with the Supremacy of the Constitution and it states:

"(1) This Constitution is the supreme law of The Gambia and binds all persons, organs of government, State institutions, public enterprises and Local Government Authorities.

(2) A person shall not claim or exercise State authority except as authorised under this Constitution or legislation that is consistent with Constitution.

  • The validity or legality of this Constitution is not subject to challenge by any person before a court and no court shall entertain such challenge.
  • 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."

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