Principle

CONSTITUTIONAL LAW – Interpretation of Constitution – Reference to Court of Appeal – Meaning of “Shall Give Its Decision”

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

Under Section 295(2), the Court of Appeal must "give its decision" on a referred constitutional question—not necessarily "answer" it. The distinction is subtle but significant: giving a decision may include declining to answer if the question is inappropriate or not properly raised. The provision does…

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