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ZAINABU NASKE BAKO-ALHASSAN
V.
ATTORNEY-GENERAL

(2013) JELR 68569 (SC)

Supreme Court 24 Apr 2013 Ghana
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- The Supreme Court in Ghana has the power to interpret the Constitution, decide if any act or law violates the Constitution, and review legislation for constitutionality. - The plaintiff in this case is seeking recognition and rights for n

Case Details

Suit Number:CIVIL APPEAL NO. J1/22/2012
Judges:W. A. ATUGUBA JSC – PRESIDING, J. ANSAH JSC, R. OWUSU (MS) JSC, J. DOTSE JSC, P. BAFFOE-BONNIE JSC, N.S GBADEGBE JSC, V. AKOTO-BAMFO (MRS) JSC
Counsel:NO REPRESENTATION FOR THE PLAINTIFF; SYLVESTER WILLIAMS (PSA) FOR THE DEFENDANT.

JUDGMENT

DOTSE JSC

I wish to preface this judgment by making two statements about the role of the Supreme Court when its original jurisdiction is invoked in contemporary Ghana. Michael G. Trachtman, in the introduction remarks in his invaluable book on the U. S. Supreme Court entitled “The Supremes Greatest Hits”, stated the following as the methods by which the Supreme Court keeps the Constitution alive. These are:

1. “First in the same way it interpretes statutes, it interprets the constitution.
2. The second is the power of the Supreme Court to decide that any act of a government official, and any law passed by a government, violates the Constitution and is therefore invalid and of no effect. This power, termed the power of “judicial review” is virtually limitless, possibly limited by the constitution itself.”

From the above two methods by which the U.S. Supreme Court has been identified to keep that country’s constitution alive, the same can be said of our Supreme Court under the Const…

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