Principle

CONSTITUTIONAL LAW – Interpretation of Constitution – Reference to Court of Appeal – Court of Appeal’s Power to Determine Whether Question Arose

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

The Court of Appeal has the power to determine whether a constitutional question properly arose in the proceedings, independent of the High Court's view. Section 295(2) does not remove this power. The Court of Appeal may decide that no fit question was referred. The High…

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