Constitutional Law Cases on Constitutionalism Substantive Limitations

Shalabi and Another v. The Attorney-General

Court: High Court

Year: 1972

Principle(s): Parliament does not have unlimited powers, and its acts can be challenged in court.

Republic v. Director of Prisons. Ex Parte Salifa

Court: High Court

Year: 1968

Principle(s): Substantive limitation, procedural limitation

New Patriotic Party (NPP) v. Inspector-General of Police and Others

Court: Supreme Court

Year: 1992-93

Principle(s): Any provision of an enactment which contravenes the constitution is null and void

Lardan v Attorney General (2nd Case)

Court: High Court

Year: 1957

Principle(s): Absence of substantive limitation on the powers of parliament

Republic v. Director of Special Branch; Ex Parte Salifa (2)

Court: High Court

Year: 1968

Principle(s): A person can be arrested without warrant if national security is at stake; the NLC had unlimited powers (absence of substantive limitation); A person can be re-arrested after being release on habeas corpus

Republic v. State Fishing Corporation Commission Of Enquiry; Ex Parte Bannerman

Court: Court

Year: 1967

Principle(s): 1. Acting in excess of the powers conferred is ultra vires the instrument conferring the powers. 2. A certiorari will lie to quash acts done in excess of the powers conferred. 3. There is a natural justice rule that an accused should be given a hearing.

Agbevor v. Attorney-General

Court: Supreme Court

Year: 2000

Principle(s): Substantive limitation on the power of the president to remove a judicial officer

State v. General Officer Commanding the Ghana Army; Ex Parte Braimah

Court: Court

Year: 1967

Principle(s): Absence of substantive limitation.

Re Akotto and 7 Others

Court: Supreme Court

Year: 1961

Principle(s): Rule of law, separation of powers; judicial review

Mensima and Others v. Attorney-General and Others

Court: Supreme Court of Ghana

Year: 1998

Principle(s): 1. Any provision which contravenes the constitution is void. Regulation 3(1) of LI 239 contravened article 21(1)(e) of the 1992 Constitution, and is therefore void; 2. Rights are not absolute; 3. Guide to Interpretation; Freedom of association must be to promote legitimate interests; Constitutionalism