THE FUNCTIONING OF THE STATE

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THE FUNCTIONING OF THE STATE

“Many theorists have now argued that the separation of powers is bedevilled by indeterminacy and confusion. The ideas of Legislative, Executive and Judicial powers have not proved capable of precise definition just as there is considerable disagreement about which values underpins the doctrine.
For a few, the doctrine of separation of powers is to curb abuse of power, partly by preventing its concentration in the hands  of one person or body. For others also, its purpose is to protect liberty and the rule of law. Still others argue that the central value of the separation of powers is that it ensures “efficiency” in government.”

Today The Gambia is witnessing nothing less, as the executive branch has yet again proven that the true value of the separation of powers is that it ensures that there is a functioning government that puts the interest of its people first. It also further demonstrates that the principles of separation of powers very much exists within the fabric of governance structure in The Gambia.

Today, every Gambian is a witness to the prevention of concentration of power in any one institution. The legislative arm went to sleep and allowed the executive arm to make use of their sight. These brethren are the essence of separation of power and a further demonstration of the existence of democratic ideals in our nation The Gambia.

Power cannot be concentrated in any single authority or institution. For this reason and various others, I reaffirm my belief in the strength and dignity of the 1997 constitution of the republic of The Gambia, one of the most progressive constitutions in mainland Africa and one which now provides for the seamless performance of the doctrine of separation of powers as witnessed today.

By Melville Robertson Roberts

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