The article was published in June 2020 in the Loophole, the online journal of the Commonwealth Association of Legislative Counsel  (CALC).

Abstract

This article addresses the issue of whether subsidiary legislation should be subject to parliamentary oversight through a procedure adopted by the National Assembly of The Gambia under Order 80 of the latest edition of its Standing Orders. The procedure involves the publication in the Gazette for a specified time and laying before the Assembly of subsidiary legislation. The main thrust of the article is that National Assembly scrutiny of subsidiary legislation is a worthy initiative, albeit one that could be fraught with problems.

The most obvious impediment is that the procedure established by the Standing Orders conflicts with the procedure prescribed by the Interpretation Act. This raises the question of whether Standing Orders can abrogate or override primary legislation. The article examines how certain jurisdictions based on the Westminster parliamentary system have established a general obligation to lay subsidiary legislation before their Parliaments and posits that the challenges of implementing Order 80 are surmountable through respecting the hierarchy of laws and recognising the importance of parliamentary development.

The article is online.

About the author:

Abubakarr Siddique Kabbah is the Principal Legal Draftsperson, Attorney General’s Chambers and Ministry of Justice of The Gambia. The views expressed in this article are solely his. They do not in any way reflect the views of the Attorney General’s Chambers and Ministry of Justice and he is responsible for any error or inaccuracy in the article.