Court: Court of Appeal
Year: 1959
Principle(s): Procedural limitations. A bill affecting the traditional functions or privileges of chiefs must be referred to the House of Chief in the area of affected chiefs before its second reading in parliament.
Court: Supreme Court of Ghana
Year: 2020
Principle(s): A person who believes an act of government is contrary to some provisions of the constitution, may bring an action in Supreme Court for a declaration to that effect. Procedural Limitation (absence in this case)
Court: High Court
Year: 1968
Principle(s): Substantive limitation, procedural limitation
Court: Supreme Court
Year: 2017
Principle(s): 1. The Supreme Court has the power of judicial review, and the independence of Parliament does not affect that power; 2. Ghana operates a constitutional supremacy, not a parliamentary supremacy; 3. The Directive Principles of State Policy are prima facie justiciable; 4. Even if Ghana were to breach an international treaty obligation, such a breach “cannot be said to be the basis for an action against the state for failing in general to promote respect for international law”, as required by Article 40; 5. Failure to follow the procedure for the exercise of legislative authority will lead to a law being null and void. (procedural limitation); 6. When an enactment violates the letter and spirit of the Constitution, it shall be struck down as unconstitutional.
Court: Supreme Court of Ghana
Year: 2017
Principle(s): Procedural limitation: President ought to obtain parliamentary ratification before entering into an agreement with the government of the United States for the transfer of two suspected terrorists into Ghana.
Court: Court
Year: 1967
Principle(s): 1. Acting in excess of the powers conferred is ultra vires the instrument conferring the powers. 2. A certiorari will lie to quash acts done in excess of the powers conferred. 3. There is a natural justice rule that an accused should be given a hearing.
Court: Court of Appeal
Year: 1984-86
Principle(s): Constitutionalism under military regime, limited to the extent allowed by the military regime itself. Power of courts under a military regime: "The only power which the courts have ever had and still have to declare the laws of a military regime invalid or null and void is in cases where the law itself does not conform to the criteria for validity mandatorily provided for by the military regime itself."