“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. 29

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents