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Citation
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Judgment date
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| November 2011 |
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A representative constitutional petition filed by unincorporated associations without leave is incompetent and was struck out.
* Constitutional law – representative/group constitutional petitions – requirement for prior leave under Order 1 Rule 8(1) of the Civil Procedure Rules. * Civil procedure – capacity to sue – unincorporated associations lacking legal personality cannot sue in their names. * Constitutional Court Rules – Rule 17 does not bar preliminary objections to competence. * Competence – failure to comply with mandatory procedural requirement renders a petition incompetent and liable to be struck out.
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20 November 2011 |
| September 2011 |
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Failure to grant amnesty to an eligible applicant amounted to discrimination and violated the constitutional right to equal protection.
• Constitutional law – Amnesty Act – constitutionality, purpose and effect – presumption of constitutionality. • Equality and non‑discrimination – Article 21 – unequal treatment by DPP and Amnesty Commission when processing amnesty applications. • Separation of powers – prosecutorial and judicial independence – scope of DPP discretion under Article 120 and interaction with Amnesty Act. • International law – treaties and amnesty – no automatic invalidation of domestic amnesty where Act excludes certain persons.
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22 September 2011 |
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The court granted interim orders to protect the applicant's rights during pending constitutional applications.
Constitutional Law – Jurisdiction of single justice – Interim orders – Temporay injunction – Rights violations and custody orders.
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15 September 2011 |
| August 2011 |
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The applicant (former Vice President) is not covered by presidential immunity; prosecution by Deputy IGG was valid; petition dismissed.
Constitutional law – presidential immunity under Article 98 limited to the President and does not extend to the Vice President; prosecutorial discretion and equality under Article 21; authority of Deputy IGG to perform IGG functions under Article 223 and the IGG Act.
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10 August 2011 |
| April 2011 |
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Charging under a re‑enacted anti‑corruption offence for earlier acts did not breach Articles 28(7) or (12).
Constitutional law – Article 28(7) and (12) – non‑retroactivity and definition of offences; Criminal law – causing financial loss – re‑enactment of repealed Penal Code provision by Anti‑Corruption Act; Penal provision – enhanced sentence not fatal to constitutionality of re‑enactment; Procedure – reference dismissed, trial to proceed.
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21 April 2011 |
| March 2011 |
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A trial court must be satisfied a constitutional question has arisen before referring it under Article 137(5).
Constitutional procedure – Article 137(5) referral – Referral only where constitutional question arises in proceedings and necessity is apparent from the record – trial court must hear parties and ensure materials are on record before referring; advance disclosure documents are not court exhibits; improper automatic referrals dismissed.
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20 March 2011 |
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The Rules Committee exceeded its constitutional mandate by making S.I. No.55/2008, a function reserved to Parliament under Article 50(4).
Constitutional law – Enforcement of fundamental rights – Article 50(4) mandatory allocation of law-making to Parliament – Limits of Rules Committee powers under Section 41 Judicature Act and Article150(1) – Saved procedural laws and continued enforceability under Article50(1).
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20 March 2011 |
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Charging the applicant under a re-enacted criminal provision does not violate the constitutional ban on retrospective criminalisation.
* Constitutional law – Non-retrospectivity – Article 28(7) and (12) – Re-enactment preserves continuity of criminal offences. * Statutory interpretation – Re-enactment/reaffirmation and effect of repeal – absence of transitional clause not fatal where law continues. * Procedure – Abuse of process – constitutional reference must show prima facie violation under Article 137(5).
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1 March 2011 |
| February 2011 |
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2 February 2011 |
| January 2011 |
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An Independent MP who joins a political party must vacate the seat before party nomination; otherwise the nomination is invalid.
Constitutional Law – Parliamentary membership – Article 83(1)(g) & (h) – Vacation of seat where MP changes party or where an Independent joins a party; Article 72(4) – right to stand as Independent or party candidate limited by Article 83; nomination by a party while still occupying a seat invalid; remedies: declarations and injunctions.
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31 January 2011 |