Principle

CONSTITUTIONAL LAW – Interpretation of Constitution – Reference to Court of Appeal – Question Must Necessarily Be Decided in the Proceedings

Area of law
CONSTITUTIONAL LAW
Court
Supreme Court

A constitutional question arises only where it must necessarily be decided in the proceeding. The power to refer applies only to questions that must be decided—not those that may prove unnecessary. The High Court cannot refer hypothetical, contingent, or academic questions. If the case can…

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