Principles Underlying the 1992 Constitution
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Questions and Answers

What did NPP argue in the case against the attorney general regarding the public holiday celebration?

  • The celebration was constitutional but the use of public funds was inconsistent with the spirit of the constitution.
  • The celebration was constitutional but the use of public funds was inconsistent with article 2 of the constitution.
  • The celebration was unconstitutional and the use of private funds was inconsistent with the constitution.
  • The celebration was unconstitutional and the use of public funds was inconsistent with the constitution. (correct)
  • According to the court, what happens to any law, enactment, or act inconsistent with the provisions of the constitution?

  • It is rendered null and void by articles 1 and 2 of the constitution. (correct)
  • It can only be challenged by the Supreme Court.
  • It is automatically amended to align with the constitution.
  • It remains valid despite the inconsistency.
  • What did Adade JSC clarify in relation to conduct under article 2 of the constitution?

  • The conduct is not considered under any circumstance.
  • The conduct is only considered if it aligns perfectly with any provision in the constitution.
  • The conduct must directly contravene a specific provision in the constitution.
  • The conduct need not contravene anything in the constitution, but just be inconsistent with any provision of the constitution. (correct)
  • What does the doctrine of supremacy of the constitution entail?

    <p>Any law, act, or omission inconsistent with the constitution is null and void.</p> Signup and view all the answers

    What does the doctrine of supremacy of the constitution imply?

    <p>The constitution is above all other laws.</p> Signup and view all the answers

    What does the doctrine of separation of powers advocate for?

    <p>The three arms of government should work independently from each other in terms of functions and personnel.</p> Signup and view all the answers

    In the 1992 constitution, what happens to laws inconsistent with its provisions?

    <p>They are declared void.</p> Signup and view all the answers

    What right does Article 2 of the 1992 constitution grant to citizens?

    <p>The right to challenge government legislations in court.</p> Signup and view all the answers

    How did the plaintiff in MENSIMA VS ATTORNEY GENERAL demonstrate the supremacy of the constitution?

    <p>By challenging actions inconsistent with her constitutional rights in court.</p> Signup and view all the answers

    In Ghana, who has the final say when a law is found to be inconsistent with the 1992 constitution?

    <p>The Supreme Court</p> Signup and view all the answers

    What was the main reason for impounding the products of the plaintiff in MENSIMA VS ATTORNEY GENERAL case?

    <p>Protecting interests inconsistent with the constitution.</p> Signup and view all the answers

    What principle mandates the president of Ghana to appoint a majority of the ministers of state from members of parliament?

    <p>Doctrine of Separation of Powers</p> Signup and view all the answers

    When does the doctrine of mootness come into play in a court case?

    <p>When there is no longer a live controversy between the parties</p> Signup and view all the answers

    In which case did President J.J Rawlings decide to retain some previous ministers without parliamentary approval?

    <p>J.H. Mensah vs Attorney</p> Signup and view all the answers

    What is the main impact of the doctrine of mootness on a court case?

    <p>It renders any ruling by the court meaningless</p> Signup and view all the answers

    Which article of the Ghanaian constitution vests the judicial powers in the hands of the judiciary?

    <p>Article 125</p> Signup and view all the answers

    What type of system of separation of powers is employed in Ghana based on the text?

    <p>Hybrid System</p> Signup and view all the answers

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