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Supremacy of the Constitution in Ghana case law.

4 passages from 3 cases, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.

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Parliament is subject to the Constitution

We cannot overemphasize our view that even though Parliament is independent, the Constitution is supreme. Consequently, Parliament, like every organ of the State, including the Judiciary is subject to the Constitution. Accordingly, the clear terms and spirit of Article 2 entrenches the traditional role of the Judiciary, as the final arbiter of what a statute means, and how it should be interpreted. Parliamentary Acts are presumed to be valid, and enacted in accordance with the basic law, the Constitution. However, this presumption is rebuttable and not conclusive. Therefore, absolute deference to parliamentary acts and enactments should not be the standard of the judiciary. In our view, it will be a serious dereliction of the duty of this Court to ignore a clear violation of the spirit of the Constitution.

EZUAME MANNAN V. THE ATTORNEY-GENERAL AND SPEAKER OF PARLIAMENT SUIT NO: J1/11/2021 [2022] SLR (SC) 4 · Supreme Court · 2022 · KULENDI JSC

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Unconstitutional practice or precedent cannot ripen into legality

Whether estoppel can validate unconstitutional conduct

This court does not think that any act or conduct which is contrary to the express or implied provisions of the Constitution can be validated by equitable doctrines of estoppel. No person can make lawful what the Constitution says is unlawful. No person can make unlawful what the Constitution says is lawful. The conduct must conform to due process of law as laid down in the fundamental law of the land or it is unlawful and invalid.

TUFFUOR v. ATTORNEY-GENERAL [1980] GLR 637—667 [1980] SLR (SC) 1 · Supreme Court · 1980 · SOWAH JSC

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More in Constitutional Law: Amendment of the Constitution Chieftaincy Declaration of assets by public officers Directive Principles of State Policy Emoluments of article 71 office holders Freedom of expression Fundamental human rights and freedoms Independent constitutional offices Judicial review of legislation Legislative power of Parliament Legislative process Original jurisdiction of the Supreme Court Parliament Prerogative of mercy Public services Qualification for membership of Parliament Recommendations of advisory bodies Reference of constitutional questions under article 130(2) Remedies for breach of the Constitution Removal of judges Retrospective legislation Right to vote Separation of powers The Judiciary

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