Source: Onuaonline.com
A senior lecturer of public law at the University of Ghana School of Law, Legon, Dr. Justice Srem-Sai, has stated that the constitution is not entirely a legal document that requires every matter to be resolved in court.
Dr. Srem-Sai has explained that the Constitution, as it is, has both legal and political aspects, and there should be room for politicians to deal with the political aspect instead of going to court.
On TV3’s KeyPoints Saturday, October 26, 2024, the law lecturer said “I believe that Parliament is a political place and the courts are courts of law.”
“When it comes to constitution and constitutionality, I think it is agreed among constitutional scholars and jurisprudence that a constitution is both a legal document and a political document. It is not entirely a legal document where every matter can be resolved by courts,” he stated.
He clarified further that “the founder of British Constitutional Law, A.B. Dyson, has made this point clear that there is a conventional element of the constitution and a legal element of the constitution. And the courts have power to deal with only the legal element. And when it comes to the conventional element, which I refer to as the American political element, which is the political question, that is for politicians and voters to decide. It is not every problem that the courts can solve.”
According to him, “the courts will be probably assuming too much if they believe that every issue must be litigated and resolved” adding that taking such a position “will be contrary to any principle of law, for that matter.”
The discussion follows a ruling by the Speaker of Parliament Thursday, October 17, 2024, where some four seats were declared vacant. The declaration, subsequently reduced the membership of the governing NPP, who were then Majority to 135, with the opposition NDC, who were the Minority, remaining with 136 members to assume the Majority position.
The ruling, which was sent to court by the leader of the NPP MPs, Alexander Afenyo-Markin, was stayed by the Supreme Court bringing controversy as to who is now Majority and Minority in the House.
After failing to attain quorum at sitting on Tuesday, October 22, the House was adjourned indefinitely by the Speaker.
Meanwhile, the NPP Members in Parliament have initiated processes for the House to be recalled. A citizen, has also gone to court to stop the Speaker from recalling the House.
Source: www.onuaonline.com
