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All Journal International Journal of Humanities, Management, and Social Science (IJ-HuMaSS) International Journal of Law and Public Policy (IJLAPP) Journal of Humanities and Social Science (JHASS) Lampung Journal of International Law (LaJIL) Jurnal Politik Indonesia (Indonesian Journal of Politics) Pancasila and Law Review Constitutionale Trunojoyo Law Review West Science Law and Human Rights Constitutional Law Review Journal of Indonesian Constitutional Law Decova Law Journal
Mendy, Ousu
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Religion Arts Humanities Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Transformative Constitutionalism in Africa Fledgling Democracy Mendy, Ousu
Constitutional Law Review Vol. 4 No. 1 (2025)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v4i1.5822

Abstract

This study critically examines constitutionalism in Africa, addressing challenges posed by fragile democratic institutions and the imperative for transformative constitutionalism. Although democratic legitimacy relies on legality and popular sovereignty, transformative constitutionalism demands proactive efforts beyond legal formalism to drive social change. Employing normative legal analysis of secondary data, the research reveals that legal pluralism and entrenched constitutional principles significantly impede transformative progress in post-colonial African states. The study highlights the necessity of adopting transformative constitutionalism to reinforce democratic resilience and establish coherent legal and political frameworks tailored to Africa distinct socio-political realities.
Impact of Common Law on the Gambian Legal System Mendy, Ousu
Journal of Humanities and Social Sciences (JHASS) Vol 7 No 1: April 2025
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.jhass-0701.820

Abstract

The impact of common law system on The Gambia is manifest in the type of legal system the country embraces. Prior to colonialism, The Gambia embraced customary practices of the indigenous people of the country which is mainly influenced by their belief systems in cultural practices. So, customary practices were dominant in the country and they reflected the beliefs of different regions in the country. They also differed from one region to another and from one ethnicity to another. The present existence of the Law of England (Application) Act that allows all the laws operating in Britain as of 1888 to be used in The Gambia is an indication of how common law system gains traction in the country’s legal framework. It is obvious that common law is still alien to the practices in certain regions in The Gambia – especially the provincial part of the country but it is also clear that it contributes to maintenance of peace and justice. On the other hand, it causes social disorder as some societies fiind it inimical to their traditional practices. For example, the criminalization of Female Genital Mutilation (FGM) in 2015 and the current attempt to abrogate this law questions the compatibility of this criminalization with the cultural values of certain indigenous people. Therefore, for the country to strengthen its legal framework, the common law needs to be strengthened by moral values of Gambian society to address its problem of governance.
Implications of Ethical Conducts of Bureaucrats in Governance Mendy, Ousu; Susilawati, Marietta
International Journal of Law and Public Policy (IJLAPP) Vol 7 No 1: March 2025
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0701.727

Abstract

Over the years, the ethical conduct of bureaucrats in governance in the world has continued to threaten developments. Globally, much focus is given to international organisations and states with larger control in international affairs, and small states are often left in oblivion. This research aims to present an exposition of the legal implications of the ethical conduct of bureaucrats and the threats they pose to human rights as one of the litmus tests of modern governance. Government is at the centre of state development and therefore, the conduct of bureaucrats are quite topical, especially in this era when governance is globally at stake. In this research, the normative research method is used to examine secondary data that are germane to the subject. Journal articles, books, and state instruments or documents that regulate the conduct of government bureaucrats are examined. This research, therefore, concludes that unethical conducts of government bureaucrats violate human rights and therefore, the restorative justice system in the context of reimbursement of state resources acquired through unethical acts of bureaucrats is quite necessary in eliminating or mitigating it. This will help in determining its causes and create measures for preventing it by engaging victims, perpetrators, and affected communities.
Prisoners’ Right to Vote in The Gambia: A Need for Legal Reform? Mendy, Ousu; Sarr, Ebrima
West Science Law and Human Rights Vol. 3 No. 01 (2025): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v3i01.1622

Abstract

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.
Knitting Human Rights Values and the Rule of Law in Creating a Human Rights State Mendy, Ousu; Nurhartanto, Gregorius Sri; Musa Sarjo
Decova Law Journal Vol. 1 No. 2 (2025): Decova Law Journal
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/dlj.v1i2.66

Abstract

A human rights state adheres to human rights values, guided by the principles of the rule of law. There is no rule of law in a society where human rights are not valued. For a legal entity to be recognised as a human rights state, its ideals of human rights as a component of the rule of law must be viewed not only from an intellectual squint of ecumenical values but must also demonstrate how they relate to other key elements of states in ways that depict the principles and values of statehood. Therefore, this research establishes the relations between the values of human rights and the rule of law in building a human rights state. Establishing a relationship between these two sets of ideals, from human rights and constitutional perspectives, will help in amalgamating divergent views that uphold human rights as a practice. The doctrinal research method is employed in this study through the use of scholarly articles, books, and other relevant materials. So, while human rights standards are developed to provide adequate protection, their implementation requires certain structures of the rule of law. Without this, it is unlikely that human rights can be realised. The rule of law, administration of justice and democratic structures are key components in creating a human rights state. The positive development of human rights depends on the creation of certain state institutions and laws, and the implementation of state policies is ensured by an effective legal framework. Internationally recognised human rights also impose restraints on states and retrain them from taking any measures. These result in the violation of a given right through either their organs or agents. Therefore, there should be an increased role for non-legal measures and other non-state actors in the domestic implementation of human rights.
Building Energy Sovereignty in Madura: Legal Analysis, Energy Crisis and Implementation of President Prabowo's Asta Cita Lisan, Imam Fasichul; Mendy, Ousu; Wijaya, Dodik Pranata; Fathorrahman, Fathorrahman; Elkaffash, Mohamed
TRUNOJOYO LAW REVIEW Vol 8, No 1 (2026): February (On Process)
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v8i1.31874

Abstract

This study aims to analyze the legal orientation and future potential of the Nipah Reservoir in Sampang, Madura, within the framework of Indonesia's energy transition and commitment to achieve Net Zero Emissions by 2060. The main contribution of this research lies in the proposal to reinterpret reservoirs that have historically been geared toward irrigation, raw water supply, and tourism, transforming them into renewable energy projects that support both national energy sovereignty and environmental sustainability. Using juridical-normative methods through legislative and conceptual approaches, this research was enriched with electrical engineering literature and primary data through interviews with the President Director of Perum Jasa Tirta I. The results of the study show that although the Nipah Reservoir is not listed in the PLN 2024-2033 or 2025-2034 RUPTL, it has significant potential to be developed into a Microhydro Power Plant (PLTMH) and/or a Floating Solar PV. This utilization not only reduces Madura's dependence on fossil-based electricity supplies from Java but also contributes to achieving the target of a new renewable energy mix of 23% by 2025. This study concludes that the reinterpretation of the legal framework is essential to align old irrigation-oriented regulations with modern renewable energy policies. The recommendation of this study is for the government to issue more comprehensive regulations and to integrate the Nipah Reservoir into national energy planning as a model for locally based renewable energy development.
Co-Authors Elkaffash, Mohamed Fathorrahman Fathorrahman, Fathorrahman Lisan, Imam Fasichul Mendy, Andrew Musa Sarjo Nurhartanto, Gregorius Sri Sarr, Ebrima Susilawati, Marietta Wijaya, Dodik Pranata