“Another important principle governing interpretation of the Constitution is that
all provisions of the Constitution concerning an issue should be considered all
together. The Constitution must be looked at as a whole.” (Sic)
Article 126 of the Constitution provides –
“126. Exercise of judicial power.
(1)
Judicial power is derived from the people and shall be
exercised by the courts established under this Constitution in
the name of the people and in conformity with law and with
the values, norms and aspirations of the people.
(2)
In adjudicating cases of both a civil and criminal
nature, the courts shall, subject to the law, apply the following
principles –
(a)
…………….
(b)
…………….
(c)
……………
(d)
……………
(e)
substantive justice shall be administered without undue
regard to technicalities.”
The National Objective and Directive Principles of State Policy No.1 (i) provides –
“The following objectives and principles shall guide all organs and
agencies of the State, all citizens, organizations and other bodies and
persons in applying or interpreting the Constitution or any other law
and in taking and implementing any policy decisions for the
establishment and promotion of a just, free and democratic society.”
Issue (a).
The gist of issue (a) is whether the petition raises any matter for constitutional
interpretation. This issue arevolves around the jurisdiction of this Court in matters of
constitutional interpretation. The relevant Article of the Constitution is Article 137 which
provides:“137 Questions as to the interpretation of the Constitution.
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