Interpretation of Statutes at Gambia
Here’s a concise overview of the Interpretation of Statutes in The Gambia:
Interpretation of Statutes in The Gambia
The Gambia follows a common law legal system influenced by English law, combined with local statutes and constitutional provisions. Interpretation of statutes is fundamental in ensuring laws are applied correctly and consistently.
1. Legal Framework
The Constitution of The Gambia (1997) is the supreme law.
Laws enacted by the National Assembly are primary statutes.
The Interpretation and General Provisions Act provides rules for interpreting legislation.
Courts apply common law principles supplemented by local legislation and constitutional mandates.
2. Who Interprets Statutes?
Judiciary: Courts at all levels interpret statutes during legal proceedings.
The High Court, Court of Appeal, and Supreme Court are key judicial bodies involved.
The judiciary ensures statutes conform to the Constitution.
The Attorney General may also provide legal opinions interpreting statutes for the government.
3. Principles of Statutory Interpretation
The Gambia follows standard common law principles, including:
Literal Rule: Giving words their ordinary meaning.
Golden Rule: Modifying meaning to avoid absurd or unjust results.
Mischief Rule: Considering the law’s purpose to remedy a problem.
Purposive Approach: Looking at legislative intent and objectives.
Contextual Interpretation: Reading statutes as a whole with related laws.
4. Judicial Precedent
The Gambian courts follow the doctrine of stare decisis, meaning lower courts are bound by decisions of higher courts.
Precedents from English courts and Commonwealth jurisdictions may be persuasive.
The Supreme Court of The Gambia is the final appellate court, providing authoritative interpretations.
5. Constitutional Interpretation
The judiciary has the power to review legislation for constitutionality.
Laws inconsistent with the Constitution may be declared invalid.
Constitutional interpretation often balances statutory provisions with fundamental rights.
6. Summary
The Gambia’s statutory interpretation is rooted in the common law tradition.
The Interpretation and General Provisions Act guides general interpretive methods.
Courts play a central role, applying literal, purposive, and contextual approaches.
The doctrine of precedent shapes interpretation consistency.
Constitutional supremacy guides judicial review of statutes.
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