Time To Revisit Our Laws: Prioritizing Referenda Over Parliamentary Approval Of The Constitution- Hon Yahya Sanyang
Hon. Yahya Sanyang, National Assembly Member For Latrikunda Sabiji
By: Hon. Yahya Sanyang (Esq.)
The fundamental question arises: why should the National Assembly possess the sole authority to approve or reject our nation’s constitution? In my view, a citizen referendum is a more appropriate mechanism for constitutional ratification than exclusive parliamentary approval.
Parliament, inherently a political body composed of elected officials, often prioritizes partisan interests. Consequently, relying solely on parliamentary approval risks neglecting the broader will of the people. It is imperative to remember that sovereignty resides in the citizenry, who elect and remove representatives. The constitution, as the supreme expression of this sovereign power, should therefore be decided by the citizens themselves, not solely by their representatives.
The principle of popular sovereignty dictates that the people, not a constituted power like parliament, should exercise constituent power. A constitution ratified through a citizen referendum carries greater legitimacy than one solely approved by parliament. This process acts as a crucial check on parliamentary majorities, preventing the imposition of a constitution that lacks popular support.
The 2020 draft constitution’s rejection by the National Assembly serves as a stark example of the limitations of parliamentary approval. A referendum would have provided citizens with a direct voice, potentially safeguarding the draft. Furthermore, referenda promote constitutional literacy and foster a sense of ownership among the populace. Members of parliament, like all other citizens, should participate in the referendum process by casting their votes alongside the general public, not within the confines of the National Assembly chambers.
As long as the National Assembly retains exclusive constitutional approval power, the risk of a constitution that fails to reflect the people’s will remains. The potential for elected officials to overreach their authority and disregard the desires of the citizenry is significant. Referenda empower citizens to directly exercise their constituent power, creating moments of genuine democratic participation.
Given the current climate of public distrust towards the National Assembly regarding constitutional matters, a direct citizen referendum offers a vital avenue to bypass potential legislative gridlock. Allowing the public to directly enact their will through a referendum is essential, as many Gambians hold a low opinion of their elected National Assembly Members.
Therefore, I advocate for a constitutional amendment that mandates a citizen referendum for constitutional ratification, replacing the current system of exclusive parliamentary approval.