Constitutional Law Cases on Constitutionalism Institutional Limitations

Regina (on the application of Miller and another) v Secretary of State for Exiting the European Union

Court: UK Supreme Court

Year: 2017

Principle(s): Rule of Law: Ministers are only allowed to give notice of withdrawal to the EU upon statutory authorization; Separation of powers: Legislative authorization is needed prior to ministers giving a formal notice of withdrawal from EU to the Council of the European Union

Ghana Bar Association v. Attorney-General and Another (Abban Case)

Court: Supreme Court

Year: 1995-1996

Principle(s): 1. When the constitution provides a special forum for undertaking an action, that forum must be used, and the court will decline jurisdiction if a person seeks to use the court. 2. The court does not have the power to remove a justice of the Supreme Court. 3. Applicability of political question doctrine in Ghana.

Youngstown Co. v. Sawyer (Steel Seizure Case)

Court: Court of Appeals for the District of Columbia

Year: 1952

Principle(s): The President has no power to issue an order for the seizure of property, but congress has the power; separation of powers