
Judicial review of legislation
Doctrine in Constitutional. 7 cases, with the principle each one established. By lanbuk.com.
- A.F.F.P. Newns & Anor v H.J. MacFoy & Ors (CIV APP 3 of 1961) [1961] SLCA 17 (7 November 1961)
Sierra Leone — Court of Appeal · 1961
Principle established: The court has jurisdiction to review an acting Governor's statutory recognition powers, and statutory power to recognise 'any person' as tribal headman is limited to persons belonging to that specific tribe.
- A.F.F.P. Newns & Anor v H.J. Macfoy & Ors (CIV APP 3 of 1961) [1961] SLCA 21 (7 November 1961)
Sierra Leone — Court of Appeal · 1961
Principle established: The court has jurisdiction to determine whether the Governor acted within statutory powers, and statutory authority to recognise a tribal headman extends only to members of that specific tribe.
- Ibrahim Sorie Koroma v The Chief Electoral Commissioner [2018] SLSC 3 (26 March 2018)
Sierra Leone — Supreme Court · 2018
Principle established: The Supreme Court exercises supervisory jurisdiction over the High Court in matters involving judicial review of rulings and interim orders made during election petition proceedings.
- Republic v Mwangi; Initiative for Strategic Litigation in Africa (ISLA) & 3 others (Amicus Curiae) (Petition E018 of 2023) [2024] KESC 34 (KLR) (12 July 2024) (Judgment)
Kenya · 2024
Principle established: The Court of Appeal's jurisdiction is restricted to appeals from the High Court and designated tribunals, and it cannot determine the constitutionality of a sentence if not raised as an issue.
- S (On Application of Richard Chimwendo Banda) v Director of Public Prosecutions & The Inspector General of the Malawi Police Service (Judicial Review No. 01 of 2026) [2026] MWHC 1 (14 January 2026)
Malawi · 2026
Principle established: Judicial review may be granted to challenge the detention of a person beyond the mandatory statutory remand period, and such permission may serve as interim relief pending a full hearing.
- S v Biti (19 of 2022) [2022] ZWHHC 190 (11 January 2022)
Zimbabwe · 2022
Principle established: A permanent stay of criminal proceedings is an exceptional remedy granted only where there is a fundamental breach of the right to a fair trial that cannot be otherwise remedied.
- SKY VRS PARLIAMENT OF GHANA (J1/09/2024) [2024] GHASC 66 (18 December 2024)
Ghana · 2024
Principle established: The Supreme Court has original jurisdiction to determine the constitutionality of a Bill passed by Parliament if it is alleged to violate fundamental human rights and freedoms.
