Judicial Review in Ghana: Quiz and Flashcards

Study Notes

Judicial review is a constitutional mechanism that enables the judiciary to review and declare invalid any law or executive action that is inconsistent with the Constitution of Ghana.
The primary purpose of judicial review is to ensure that the other branches of government (legislative and executive) do not abuse their powers and violate the Constitution.

Judicial review is rooted in Article 2(1) of the 1992 Constitution of Ghana, which states that "a person who alleges that a provision of this Constitution has been, or is likely to be contravened, may, except as provided in this Constitution, bring an action in the Supreme Court for a declaration whether the provision has been contravened."
Article 132 of the Constitution also empowers the Supreme Court to exercise original jurisdiction in matters relating to the enforcement of the Constitution.

Substantive review: involves examining the substance of a law or executive action to determine whether it is consistent with the Constitution.
Procedural review: involves examining the process by which a law or executive action was made to determine whether it was done in accordance with the Constitution.

Ultra vires: when a law or executive action exceeds the powers granted to the relevant branch of government.
Unconstitutionality: when a law or executive action violates a provision of the Constitution.
Irrationality: when a law or executive action is arbitrary, unreasonable, or capricious.
Procedural impropriety: when the process of making a law or executive action is flawed or unlawful.

An application for judicial review is made to the Supreme Court.
The applicant must demonstrate that they have a legitimate interest in the matter and that they are not acting vexatiously or frivolously.
The Supreme Court may grant or refuse the application, and its decision is final and binding.

Judicial review serves as a check on the powers of the other branches of government, ensuring that they do not abuse their powers.
It promotes the rule of law and protects the rights of citizens.
It helps to maintain the integrity and stability of the Constitution.

Enables the judiciary to review and declare invalid laws or executive actions inconsistent with the Constitution of Ghana.
Ensures the legislative and executive branches do not abuse their powers and violate the Constitution.

Rooted in Article 2(1) of the 1992 Constitution of Ghana.
Allows individuals to bring an action in the Supreme Court for a declaration of constitutional contravention.
Article 132 empowers the Supreme Court to exercise original jurisdiction in matters relating to the enforcement of the Constitution.

Substantive review: examines the substance of a law or executive action for consistency with the Constitution.
Procedural review: examines the process of making a law or executive action for conformity with the Constitution.

Ultra vires: when a law or executive action exceeds the powers granted to the relevant branch of government.
Unconstitutionality: when a law or executive action violates a provision of the Constitution.
Irrationality: when a law or executive action is arbitrary, unreasonable, or capricious.
Procedural impropriety: when the process of making a law or executive action is flawed or unlawful.

Application for judicial review made to the Supreme Court.
Applicant must demonstrate legitimate interest in the matter and not act vexatiously or frivolously.
Supreme Court grants or refuses the application, with its decision being final and binding.

Checks the powers of the other branches of government, preventing abuse of power.
Promotes the rule of law and protects citizens' rights.
Maintains the integrity and stability of the Constitution.