Lesson 8: Constitutional and Administrative Law

CONSTITUTIONAL AND ADMINISTRATIVE LAW.

Constitutional Law - Sources of Constitution Types of Constitution Administrative Law

1. Natural Law Natural Law is the theory that law is based on moral principles derived from nature, reason, or divine authority.

Key Idea:

• A law that is unjust or immoral is not a true law.

Natural law influences

Fundamental human rights Justice and fairness principles Constitutional interpretation It forms the moral foundation of many constitutional rights.

2. Positive Law

Positive Law refers to laws that are formally enacted by a recognized authority (e.g., Parliament).

Key Idea:

• Law is valid because it is properly enacted, not because it is morally good.
• The 1991 Constitution is an example of positive law because it was formally adopted and legally enacted.

3. Sierra Leone Constitution (1991)

The supreme law is the:

Constitution of Sierra Leone Key Features Supremacy of the Constitution Separation of powers Fundamental human rights Multi-party democracy Judicial review All other laws must conform to it.

4. Constitutional Identity

Constitutional identity refers to the fundamental characteristics that define a state’s constitutional order.

In Sierra Leone, this includes:

Republican status Multi-party democracy Separation of powers Supremacy of the Constitution Protection of fundamental human rights These features form the “core structure” of the Constitution.

5. Section 171(15) – Supremacy Clause

Under the Constitution of Sierra Leone:

• Section 171(15) establishes that The Constitution is the supreme law.
• Any other law inconsistent with it is void to the extent of the inconsistency.
• This reinforces constitutional supremacy and judicial review.

6. Rule of Law

The Rule of Law means

The government must act according to law.

No one is above the law.

Rights must be protected by independent courts.

It prevents arbitrary use of power.

7. The Lansana Dumbuya Case

The case commonly referred to as:

• Lansana Dumbuya v. Attorney-General

This case reinforced:

Constitutional supremacy Judicial authority to interpret the Constitution Limits on executive power It is important in Sierra Leone constitutional jurisprudence.

8. The Zainab Sheriff Case

Commonly referred to as:

• Zainab Sheriff v. Attorney-General

This case dealt with:

• Enforcement of fundamental human rights Constitutional protection of individual liberties It strengthened human rights enforcement mechanisms.

9. Protection of Fundamental Human Rights

Chapter III of the 1991 Constitution protects

Right to life Protection from inhuman treatment Protection from slavery and forced labour Freedom of expression Freedom of movement Right to fair hearing Freedom of assembly and association Citizens can apply to the High Court for enforcement of these rights.

10. Constitutional Amendments

Amendments are made according to procedures in the Constitution.

There are two types:

• (a) Ordinary Provisions

Amended by a special parliamentary majority.

(b) Entrenched Provisions

Require:

• Two-thirds majority in Parliament

National referendum This protects constitutional identity and prevents easy alteration of core principles.

Natural law influences fundamental rights.

Positive law gives legal validity to the Constitution.

Section 171(15) establishes supremacy.

Rule of law ensures government compliance.

Cases like Dumbuya and Zainab Sheriff show judicial enforcement.

Amendment procedures protect constitutional identity.

The Sam Sumana case involved several constitutional and legal tools used to remove the Vice President from office in 2015.

The case is commonly referred to as:

Sam Sumana v. Attorney General and Minister of Justice

Sam Sumana, then Vice President of Sierra Leone, was removed from office by President Ernest Bai Koroma after being expelled from his political party (APC). The matter went to the Supreme Court for interpretation of the Constitution.

Below are the main constitutional and legal tools used in the case:

1. Section 40(3) – Presidential Power of Removal The President relied on Section 40(3) of the Constitution of Sierra Leone, which allows the President to remove the Vice President if he ceases to be qualified for election as a Member of Parliament.

The argument was:

• After expulsion from the APC, Sumana allegedly ceased to qualify for office.

2. Section 41(b) – Qualifications for Vice President

This section requires that a Vice President must:

• Be qualified to be elected as a Member of Parliament.

The government argued that:

• Losing party membership affected his qualification.

3. Party Membership Requirement

Under the Constitution:

• A presidential candidate must be sponsored by a political party.
• The Vice President is elected on a party ticket.
• The key issue was whether expulsion from the party meant automatic loss of office.

4 . Judicial Review The matter was brought before the Supreme Court using:

Constitutional interpretation powers Judicial review of executive action The Court had authority under constitutional provisions to interpret the Constitution.

5. Supreme Court Interpretation

The Supreme Court interpreted

Whether the President had constitutional authority to remove the Vice President.

Whether party expulsion equals loss of constitutional qualification.

The majority upheld the President’s action.

6. Executive Action

The President acted through

A formal public announcement Swearing in a new Vice President This demonstrated the use of executive constitutional powers.

7. Dissenting Opinion (Judicial Tool)

There was a dissenting opinion in the case, showing judicial disagreement on constitutional interpretation.

Why the Case Is Important It raised major constitutional issues about:

• Separation of powers Presidential authority Political parties influence over constitutional offices Constitutional interpretation.

The tools used in the Sam Sumana case included presidential powers under Section 40(3), qualification requirements under Section 41(b), party membership provisions, judicial review by the Supreme Court, and constitutional interpretation powers.