23 - Foreign Judges on the Gambian Bench

Summary

After 22 years of uninterrupted authoritarian government headed by Yahya Jammeh, The Gambia formally began a transition to democracy after the December 2016 elections. Given the inadequate development of local legal tradition and lack of resources to fully equip the judiciary, The Gambia has a history of having foreign judges on the bench. This chapter provides insights from The Gambia’s distinctive experience in using foreign judges in the contexts of decolonisation, an authoritarian regime, and transition to democracy. The Gambian context raises important questions about the role of foreign judges in a new democracy emerging from colonial and authoritarian rule. Accordingly, through a historical and contemporary critical review, the chapter provides an overview of the rationale for the use of foreign judges and its impact on judicial independence and the rule of law.