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The petition alleging government failure in maternal healthcare was struck out as a non-justiciable political question; alternative remedies suggested.
Constitutional law – Justiciability – Political question doctrine – Courts should not adjudicate matters involving policy formulation and resource allocation entrusted to the Executive and Legislature. Constitutional law – Article 137 jurisdiction – Interpretation of the Constitution vs. review of executive/legislative policy. Remedies – Alternative remedies available: High Court (Article 50), prerogative orders, and Government Proceedings Act for compensation claims. Human rights – Allegations of failure to provide maternal healthcare and related rights (right to health, right to life, protection from degrading treatment) held to raise political questions in this petition.
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6 June 2012 |
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Whether prosecutions by the Inspectorate require full constitution and whether bail automatically lapses on committal to High Court.
Constitutional interpretation – Inspectorate of Government – requirement that Inspectorate be duly constituted before prosecuting under Article 230; Criminal procedure – bail – section 168(4) Magistrates Courts Act inconsistent with Articles 23(6)(a), 126(1) and 28(1); Committal proceedings – committing court may maintain, grant or cancel bail after hearing parties; Constitutional procedure – Article 137(5)(b) referral power consistent with judicial independence under Article 128.
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4 April 2012 |