Constitutional Law Cases on Judicial Review

Republic v Yebbi and Avalifo

Court: Supreme Court of Ghana

Year: 1999-2000

Principle(s): 1. Any provision which contravenes the constitution is void; 2. Meaning of the words 'mean' and 'includes'.; 3. Lower courts bound to follow the decisions of higher courts

Sam (No. 2) v Attorney-General

Court: Supreme Court of Ghana

Year: 2000

Principle(s): Supremacy of the Constitution; Judicial Review; Locus Standi

Marbury v Madison

Court: U.S Supreme Court

Year: 1803

Principle(s): Judicial Review: An act of congress which violates the constitution, is void.

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

Ezuame Mannan v. The Attorney-General and Speaker of Parliament

Court: Supreme Court

Year: 2017

Principle(s): 1. The Supreme Court has the power of judicial review, and the independence of Parliament does not affect that power; 2. Ghana operates a constitutional supremacy, not a parliamentary supremacy; 3. The Directive Principles of State Policy are prima facie justiciable; 4. Even if Ghana were to breach an international treaty obligation, such a breach “cannot be said to be the basis for an action against the state for failing in general to promote respect for international law”, as required by Article 40; 5. Failure to follow the procedure for the exercise of legislative authority will lead to a law being null and void. (procedural limitation); 6. When an enactment violates the letter and spirit of the Constitution, it shall be struck down as unconstitutional.

Abu Ramadan & Evans Nimako v. The Electoral Commission & The Attorney General

Court: Supreme Court of Ghana

Year: 5th May, 2016

Principle(s): Judicial Review

British Airways & Another v. Attorney-General

Court: Supreme Court

Year: 1997-98

Principle(s): In the exercise of its supervisory jurisdiction, the Supreme Court can order lower courts to discontinue a trial; The court will not declare non-existent laws null and void.

Gbedemah v. Awoonor-Williams

Court: Supreme Court of Ghana

Year: 1969

Principle(s): Judicial Review; No need to interpret when the words are clear and unambiguous

New Patriotic Party (NPP) v Attorney General (The 31st December Case)

Court: Supreme Court

Year: 1994

Principle(s): Any act which contravenes the constitution shall be void to the extent of the inconsistency. The constitution as a whole is a justiciable document, and this includes the directive principles of state policy.

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