The Rule of Law, Validity Criteria, and Judicial Supremacy

2013 ◽  
pp. 153-173
Author(s):  
Kenneth Einar Himma
2021 ◽  
Vol 10 (1) ◽  
pp. 91-105
Author(s):  
JEREMY WALDRON

AbstractWhat role do courts play in advancing or upholding the political ideal that we call ‘the rule of law’? Does the rule of law require that courts should have authority over all other branches of government, including the legislature? And does it impose constraints on the sort of reasoning and decision-making that courts engage in? This article explores an array of possible answers to these questions, and considers the possibility that the ascendancy of courts in a constitution may represent a form of judicial supremacy that looks remarkably like the uncontrolled rule of men, which the rule of law is supposed to prevent. To preclude that possibility, it is particularly important for courts to recognize that their authority is limited in scope and that they should not be guided by any overall political program other than the program of seeing that constitutional constraints on government are upheld.


IEE Review ◽  
1989 ◽  
Vol 35 (6) ◽  
pp. 218
Author(s):  
Clifford Gray
Keyword(s):  

IEE Review ◽  
1989 ◽  
Vol 35 (1) ◽  
pp. 24
Author(s):  
H. Aspden
Keyword(s):  

2020 ◽  
Vol 28 (3) ◽  
pp. 355-377
Author(s):  
Lydia A. Nkansah ◽  
Delali A. Gawu

There have been seven general elections, under Ghana's Fourth Republic, to elect presidents and members of parliament. There are laws regulating the electoral process and election results have generally been accepted and, in a few cases, challenged through the laid-down process. Elections in Ghana are nonetheless reportedly flawed with irregularities tainting the outcome and creating tensions and sometimes pockets of violence. This article examines the electoral process under Ghana's Fourth Republic, namely the adoption of regulations for each electoral cycle, voters’ registration and the voters’ register, nomination of aspirants, voting, counting of votes and declaration of the results. To ensure the integrity of the electoral process, the laws regulating elections should comply with the dictates of the procedural requirements of the rule of law and the Electoral Commission's actions must be consistent with these laws.


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