Doctrine of Judicial Review
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Doctrine of Judicial Review

Learn about the doctrine of judicial review power, its grounds, scope, and practice in Ghanaian courts. Understand its relation to the rule of law and its role in checking political actions.

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Questions and Answers

What are the two main divisions that one writer puts the three principles under?

Substance and Process

In the Ghanaian case of Tuffour v Attorney General, what did the court specifically quash?

Rejection by Parliament

What is an issue of Procedure?

Procedural Impropriety

Which principle does Diplock's assertion align with according to one writer?

<p>Underpinning Principle</p> Signup and view all the answers

What may happen if power is not limited according to the text?

<p>Absolute corruption</p> Signup and view all the answers

What is the basis of judicial review?

<p>Supremacy of the Constitution</p> Signup and view all the answers

In which case did Chief Justice Marshall re-emphasize the doctrine of judicial review?

<p>Madbury v Madison</p> Signup and view all the answers

What are the three grounds upon which administrative action is subject to control by judicial review?

<p>Illegality, procedural unfairness, irrationality</p> Signup and view all the answers

According to Lord Diplock, what should decision-makers not neglect in their duties?

<p>The stance of the law</p> Signup and view all the answers

Which Constitutional provisions grant courts the power to decide the constitutionality of government acts or omissions?

<p>Constitution1992 Article 1(2)</p> Signup and view all the answers

What is the watermark of English Jurisprudence according to the text?

<p>Supremacy of Parliament</p> Signup and view all the answers

What is the main purpose of judicial review in the context discussed?

<p>To strike down legislation and actions as unconstitutional</p> Signup and view all the answers

In what way is judicial review closely related to the rule of law?

<p>By supervising the actions of the political arms of government</p> Signup and view all the answers

What is the primary focus of judicial review in administrative law?

<p>Reviewing the legality of administrative actions</p> Signup and view all the answers

When did Ghana introduce judicial review into its legal system?

<p>With the promulgation of the Independence Constitution of 1957</p> Signup and view all the answers

What aspect of government actions does judicial review primarily aim to scrutinize?

<p>The legality and constitutionality of government actions</p> Signup and view all the answers

How does judicial review differ between constitutional law and administrative law contexts?

<p>Constitutional law deals with legislation while administrative law regulates public agencies' functions</p> Signup and view all the answers

What did Lord Woolf describe as the two faces of rationality in public law?

<p>Insensibleness and flawed logic</p> Signup and view all the answers

According to Lord Diplock, what constitutes procedural impropriety?

<p>Failure to act with procedural fairness</p> Signup and view all the answers

What was the key issue discussed in J.H.Mensah v Attorney General?

<p>The demand for due process to be followed</p> Signup and view all the answers

How did Lord Roskill commend Lord Diplock's principles?

<p>By approving the threefold division</p> Signup and view all the answers

In R v North and East Devon Health Authority, what was identified as a problem in irrational decisions?

<p>Flawed logic</p> Signup and view all the answers

What does adherence to procedure ensure according to the text?

<p>Fairness and limitations on power</p> Signup and view all the answers

What can lead to a decision made by an administrative body being quashed by the court?

<p>Not acting in accordance with statutory or constitutional provisions</p> Signup and view all the answers

In what circumstances may a court review decisions made by administrative bodies?

<p>When decisions are made without satisfying certain conditions</p> Signup and view all the answers

What was the outcome of the case of Mensima and Others v Attorney General and Other (1997-98) 1 GLR 159?

<p>A regulation was struck down as unconstitutional</p> Signup and view all the answers

What is meant by 'irrationality' when it comes to decision-making by administrative bodies?

<p>Decisions taken without considering relevant deliberations</p> Signup and view all the answers

What principles were established in the Associated Provincial Picture Houses Ltd v Wednesbury Corporation 1 KB 223 case?

<p>'Wednesbury principles of unreasonableness'</p> Signup and view all the answers

What happens when a decision-maker is not authorized to make a decision?

<p>The court may quash the decision as inconsistent</p> Signup and view all the answers

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