Judicial Review in Ghana

Judicial Review in Ghana

Definition and Purpose

• 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.

Constitutional Basis

• 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.

Types of Judicial Review

• 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.

Grounds for Judicial Review

• 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.

Procedure for Judicial Review

• 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.

Significance of Judicial Review in Ghana

• 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.

Judicial Review in Ghana

Definition and Purpose

• 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.

Constitutional Basis

• 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.

Types of Judicial Review

• 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.

Grounds for Judicial Review

• 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.

Procedure for Judicial Review

• 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.

Significance of Judicial Review in Ghana

• 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.