Articles
<![CDATA[A Constitution without Constitutionalism: A Gambian Paradox ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ International Journal of Law and Public Policy (IJLAPP) Vol 6 No 1: March 2024 ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ijlapp-0601.607
<![CDATA[Constitutionalism and democratization are the current governance trends in Africa, and these are complemented with new constitutions. The Gambia is not an exception as it transcends from dictatorship. However, the country faces a paradoxical menace of a constitution without constitutionalism as it faces deficit of constitutionalism in praxis despite its theoretical deliberation in the State’s 1997 Constitution. This research uses doctrinal or normative legal research with focus on provisions of laws, books, journal articles and other secondary materials that speak to the facts in issue. This Africa’s smallest mainland country is a victim of the 1884 – 1885 Berlin Conference as it still tries to give much premium to foreign legal systems over customary practices of the people before this Berlin project. While constitutionalism seeks to limit the power of the government, its most critical constituent as regards the concept of constitution without constitutionalism is the rule of law. The rule of law premises on the ground that all state’s constituents must be subject to the law. Therefore, the metaphor of a saviour, savage, and victim as the 1997 Constitution, the State and freedom of expression respectively suggests the totality of the complexity of a constitution without constitutionalism.]]>
<![CDATA[Influence of United States Constitutional System on Asian Countries ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ Journal of Humanities and Social Sciences (JHASS) Vol 6 No 1: April 2024 ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.jhass-0601.614
<![CDATA[United States of America is a leading superpower in international politics and the infiltration of its constitutional system into other countries is quite conspicuous in many ways. The impact of it is manifest in the governance structure many Asian countries. Asia is an abode to different types of governments including long-established democracy, socialism and monarchies. This research studies and compares special Asian countries with the constitutional system of America as a model that has withstood the test to time since the 18th century. This research finds that the question of whether Asia can adopt democracy was what preoccupied Lee Kuan Yew as an Asian and Singaporean statesman. However, diffusion theory penetrates Asia, and the continent begins to wax in democracy and constitutionalism. Written constitutions also dominate Asia with models of check and balance, impeachments, and elimination of dictatorship although its last vestiges are still in some parts of the continent.]]>
<![CDATA[Discrimination as a Global Paradigm: United Kingdom and United States of America in Focus ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ Lampung Journal of International Law Vol. 5 No. 2 (2023) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Lampung ]]>
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DOI: 10.25041/lajil.v5i2.3030
<![CDATA[Despite the international community's commitment to protecting human rights, Equality before the law remains a global problem. This research offers a global perspective on the current threat odiscrimination emerging from the paradigm shift from Equality before the law as a universal principle declared in the Universal Declaration of Human Rights. This normative research explored extensive theoretical approaches based on secondary data, including journal articles, books, and international conventions. The results of this research showed that the current democratic system is experiencing a setback due to different factors that include autocracy and unconstitutional change of governments through coup d' état. The impact odiscrimination on inequality is destructive. Women have also made significant progress in many areas over time in places wherdiscrimination is low, enabling them to close the gender gaps.]]>
<![CDATA[The resurgence of military coups and implications for democratic stability in sub-Saharan Africa ]]>
<![CDATA[Mendy, Ousu]]>;
<![CDATA[Mendy, Andrew]]>
<![CDATA[ Jurnal Politik Indonesia (Indonesian Journal of Politics) Vol. 10 No. 1 (2024) ]]>
Publisher : <![CDATA[Universitas Airlangga ]]>
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DOI: 10.20473/jpi.v10i1.50337
<![CDATA[Since the late 1980s, with no choice, there has been a strong wave of democracy and democratization in the continent with most of African countries beginning to move away from one-party or military dictatorships to multiparty democratic rule. There have been coup d'états on the African continent since the 1960s. However, the aim of this research is to examine the recent resurgence and growth of coups which is contrary to the consolidation and stability of democracy in Africa. It seeks to present the main trajectory of military coup d' etats in sub-Saharan Africa focusing on its implication to democratic stability in the region. To achieve this, researchers engage a qualitative research method with in-depth assessment of coups and their impact on the growth in sub-Saharan Africa. The results of this research show that recent military takeovers have brought attention to a troubling trend in African politics: a rise in the use of unconstitutional methods to change governments. Military coups are to certain extent direct responses to citizens' complaints considering bad governance, deteriorating citizens' living conditions, and rising levels of insecurity. This research, therefore, concludes that military coups expose sub-Saharan African to human rights violations. Due to these unpleasant conditions of sub-Saharan polity, men in uniform align to the view that it is through coups that they can oust out this civilian governments that have mutilated constitutions to allow them to rule their countries without term limit.]]>
<![CDATA[The State and Prospect of Legislation Number 39 Year 1999 of Indonesia ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ International Journal of Humanities, Management and Social Science (IJ-HuMaSS) Vol 6 No 1: June 2023 ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ij-humass-0601.495
<![CDATA[As national politics continues to have influence on human rights both in practice and theory globally, Indonesia also finds itself in a conundrum of human rights challenges. Like other legal entities that have ratified international instruments that deal with human rights, Indonesia has ratified, acceded to and domesticated relevant human rights instruments. At national level, Indonesia also has Legislation Number 39 of Year 1999 (hereinafter referred to as Law No. 39 of 1999) which deals with human rights. This research examines the failure or inability of this law to control the political elites over the years. It examines the influence of the Indonesian society on this legislation. Its ius constitutum is analyzed and thereafter, points out the ius constituendum as a prospect for a progressive society. In this research, a normative research method is used through analysis of authentic secondary data. This, therefore, reaches a finding that Indonesia’s international human rights diplomacy should be strengthened at the level of Ministry of Foreign Affairs with technical support from the Ministry of Law and Human Rights. Going forward, strong advocacy policy on human righs across all the regions in Indonesia also needs to be in place by the government.]]>
<![CDATA[The Gambia at Crossroads: Presidential Pardon a Constitutional Fiat ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ International Journal of Humanities, Management and Social Science (IJ-HuMaSS) Vol 7 No 1: June 2024 ]]>
Publisher : <![CDATA[Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE) ]]>
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DOI: 10.36079/lamintang.ij-humass-0701.661
<![CDATA[The Constitution of the Republic of The Gambia, 1997 is promulgated with the original intent to be a living constitution with clauses that permit amendments. While a constitution is a legal and political document agreed upon by stakeholders as the principal instrument in governing the affairs of a state, it is a liability in the context of its dependency on what the people want it to ‘do’ and therefore, convictions based on cogent evidence need to be made from a different squint. Politization of the living nature of a constitution joint with partisan politics and the resolute nature of the political class in securing their ‘throne’ in democracy expresses the ideology and praxis of presidential pardon as a bait to attract masses to their camps. This research proposes for revisitation of Section 82 of the Constitution in the aftermath of the proclivity of the government to enforce it, notwithstanding the crimes inmates were convicted of. In this research, doctrinal legal research is used and finally concludes that Section 82 is not a constitutional fiat and thus, its application must be guided principally by constitutional ethos and mores in guaranteeing justice through respect and protection of the rights of the people.]]>
<![CDATA[Prisoners’ Right to Vote in The Gambia: A Need for Legal Reform? ]]>
<![CDATA[Mendy, Ousu]]>;
<![CDATA[Sarr, Ebrima]]>
<![CDATA[ West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights ]]>
Publisher : <![CDATA[Westscience Press ]]>
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DOI: 10.58812/wslhr.v3i01.1622
<![CDATA[Prisoners’ right to vote in The Gambia continues to be a less challenged issue both in practice and in theory in state politics since it regained independence. This research assesses state on prisoners’ right to vote and how this defines the state’s governance system towards prisoners from international human rights perspective. An analysis of this issue in the state since it regained political independence reveals how casual academics and policymakers approach it. This piece, therefore, examines human rights perspective on this right and the state’s obligation to prisoners. The quest for the realization of human rights by the citizenry goes in tandem with the state’s obligation to cease to violate such rights, to ensure their protection, promotion, and respect it. It avails the difference between a right and a privilege and submits that voting is not a privilege but essentially a political right. A qualitative research approach is used by re-examinig and analyzing books, articles and other relevant national and international instruments that are relevant to this work. It finally submits that The Gambia needs to undergo a reformed process in terms of state institutions, and amendment of legal instruments including the Election Act (ius constitutum) to become a law (ius constituendum) that creates equality among the people. The Constitution is both a political and legal instrument, the rights of the prisoners should be empowered by it to address the approach used through the Election Act to limit the political right of prisoners to vote.]]>
<![CDATA[International Justice and Pancasila: A Case Study of The Gambia ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ Pancasila and Law Review Vol. 5 No. 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/plr.v5i1.3978
<![CDATA[International justice is as topical as it is relevant to global governance. This is manifest in fledgling and thriving democracies, failed and enduring states, and tyrannous and constitutionally governed states. Similar to the Gambian transitional justice, the Pancasila’s social justice system in Indonesia also depicts an unfulfilled project of promoting justice and order during the transition period. Therefore, to make a comprehensive study of international justice and Pancasila using The Gambia as a case study, normative legal research is adopted through a conceptual framework of the international justice and its relation to Pancasila and The Gambia. It focuses on investigating the relation between international justice, Pancasila justice, and the justice system of The Gambia. Both Indonesia and The Gambia experience authoritarianism for decades and they are undergoing democratisation, but the political interests of their post-authoritarian governments over national interests mar their transitional justice systems. Thus, this research, recommends that prioritisation of victim participation, ensuring comprehensive mechanisms like truth and reparations commissions, putting into effect institutional reforms to prevent future abuses, advancing broad public engagement, addressing foundational causes of conflicts, and connecting efforts with other peacebuilding initiatives are keys to a successful transitional justice system.]]>
<![CDATA[Regional Autonomy in Indonesia after the Second Constitutional Amendment: Assessing its Developmental Delivery ]]>
<![CDATA[Mendy, Ousu]]>
<![CDATA[ Constitutionale Vol 5 No 1 (2024) ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Lampung ]]>
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DOI: 10.25041/constitutionale.v5i1.3279
<![CDATA[As regional autonomy through decentralization becomes increasingly prevalent worldwide, it has also been enshrined as a constitutional principle in Indonesia. This approach was adopted following constitutional amendments aimed at shifting authority from the national to the local level, with the intention of enhancing governance quality and standards. Indonesia has implemented a thorough decentralization strategy since the late 1990s, granting subnational governments the autonomy to select programs that better address community needs and regional development goals. This research seeks to evaluate the extent to which regional autonomy has achieved its objectives. To accomplish this, a normative research method is employed, utilizing secondary sources such as journal articles, books, newsletters, and other relevant materials. The research concludes that regional development strategies have not met public expectations and suggests that efforts should focus on reducing significant disparities in social and economic opportunities across the country, as well as improving incomes and living standards in the regions through regional autonomy. This could be pursued through judicial review of laws related to regional autonomy.]]>
<![CDATA[The Judiciary in Governance: Understanding the Juridical Nature and Function of the Constitutional Court of Indonesia ]]>
<![CDATA[Mendy, Ousu]]>;
<![CDATA[Sarr, Ebrima]]>
<![CDATA[ Journal of Indonesian Constitutional Law Vol. 2 No. 1 (2025): Journal of Indonesian Constitutional Law ]]>
Publisher : <![CDATA[CV. Pustaka Parawali ]]>
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DOI: 10.71239/jicl.v2i1.45
<![CDATA[The Constitutional Court of Indonesia as a state institution is a constitutional edict established in Article 24C of the 1945 Constitution of Indonesia. It is an act of commitment to good governance in all its dimensions. This research examines the role this court plays in promoting governance in Indonesia through its engagements with other state institutions. This research uses doctrinal or normative legal research method to reflect on the function of this court. This court has a strong commitment towards check and balances in order to guarantee constitutional order and supremacy although the finality of this supremacy should not preclude constitutional dialogue. The political, democratic, and social life of Indonesia has become more vibrant as a result of the establishment of this court. This development in the history of the country’s constitutional law is premised on the ground that, building a constitutional democratic state in a country requires improving its legal frameworks. One of the initiatives is to create a framework that questions the constitutionality or validity of laws when they have reservations about them. The Constitutional Court mechanism does that. It is a court with sui generis jurisdiction in determining constitutional matters including most controversial issues of election petitions and presidential impeachment. Therefore, it is sufficient to posit that this court forms the bedrock of good governance and democratisation in Indonesia where acts of institutions and individuals are subject to the scrutiny of the constitution thereby, validating the longstanding cliché of “government of laws and not of men”.]]>
