Principles Underlying the 1992 Constitution

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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?

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

What does the doctrine of supremacy of the constitution imply?

The constitution is above all other laws. Signup and view all the answers

What does the doctrine of separation of powers advocate for?

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

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

They are declared void. Signup and view all the answers

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

The right to challenge government legislations in court. Signup and view all the answers

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

By challenging actions inconsistent with her constitutional rights in court. 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?

The Supreme Court Signup and view all the answers

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

Protecting interests inconsistent with the constitution. 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?

Doctrine of Separation of Powers Signup and view all the answers

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

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

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

J.H. Mensah vs Attorney Signup and view all the answers

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

It renders any ruling by the court meaningless Signup and view all the answers

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

Article 125 Signup and view all the answers

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

Hybrid System Signup and view all the answers