Constitutional Interpretation part 1 скачать в хорошем качестве

Constitutional Interpretation part 1

This is part one of our 2nd tutorial lesson on constitutional law. This lesson is not only going to benefit students of constitutional law, but students of the law of interpretation as well. Under the difference between Article 33(1) and Article 130(1) of the constitution 1992, take notice of the dictum below: Per ACQUAH JSC IN EDUSEI V AG: “In respect of article 130(1) of the constitution, 1992, the main part thereof show that the Supreme Court has exclusive original jurisdiction in respect of the matters set out in sup-clause (a) and (b) there under. And under sub-clause (a), the exclusive original jurisdiction is in respect of the interpretation and enforcement of all the provisions of the constitution, 1992. But then article 33 (1) as conclusively confirmed by article 140(2) of the constitution, 1992, shows that the high court also has original jurisdiction in the enforcement of the human rights and freedoms provisions in chapter 5 of the constitution 1992. Accordingly, to remove this conflict between the exclusiveness of the supreme court’s original jurisdiction, and the high court’s original jurisdiction in articles33(1) and 140(2) of the constitution, 1992, the “Subject to” part of article 130(1) of the constitution, 1992, precludes the Supreme Court from exercising original jurisdiction in the enforcement of the human rights abuses, so as to preserve the exclusiveness of the supreme court’s original jurisdiction in the enforcement of all the other provisions of the constitution, 1992, except those on the fundamental human rights and freedoms. The word “Exclusive” in article 130(1) of the constitution, 1992, was therefore not put down for fun, but intended to vests in the supreme court’s a jurisdiction not to be shared with any other courts. The word “Exclusive” was not used in article 130(1) of the constitution, 1992, without significance. And an interpretation which fails to bring out the meaning and effect of the word “Exclusive” would be myopic”.   Please subscribe to this channel, like our videos, write your comments, and share to everyone. You may reach us via thelaw360gh@gmail.com