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What are some elements of Judicial Review in Ghana's Constitution?

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Answers (2)

RL

ROSELYN LADZAGLA

Mar 01 2025

0 upvotes

Some elements of Judicial Review in Ghana's Constitution include

  • Supremacy of the Constitution which stipulates judicial review by giving the courts the authority to declare any action of the executive or the legislature that is inconsistent with the Constitution as null and void
  • The judiciary is given the mandate by the Constitution to interpret and enforce the constitution which is important for judicial review to be exercised. This mandate is stated in Article 125 of the 1992 Constitution
RA

Rudolph Apeyusi

Jul 13 2022

0 upvotes

This includes two grounds of judicial reviews ,namely below:

●Substantive grounds

•Substantive grounds of judicial review are concerned with the contents or outcome of the decisions made

•The courts have traditionally recognized two grounds-i.e.

–Illegality, and

–irrationality

•A third emergent ground is

–proportionality

●Procedural grounds of review

•In contrast sustentative grounds of review, this addresses the question of the way in which a decision is made

•It is possible that the substance of a decision is quite lawful, but the decision itself will be unlawful because of a procedural flaw

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