Lecture Notes: Justiciability of Directive Principles of State Policy

Introduction

• Directive Principles of State Policy (DPSP): Contained in Chapter 6 of the 1992 Constitution (Articles 34-41).
• Justiciability Question: Are these principles enforceable by law? Why is there controversy over their enforceability?

Background

• Drafting of the 1992 Constitution:
  • Prepared by a Committee of Experts.
  • Transmitted to a Consultative Assembly, which made modifications.
  • Adopted via referendum.
• Committee of Experts' Rationale:
  • DPSP is traditionally non-justiciable, meant for guidance, not legal enforcement.
  • Intended to guide interpretation and application of laws.

Article 34 of the Constitution

• Purpose: DPSP shall guide citizens, parliament, president, judiciary, and other bodies in applying the constitution or laws.
• Controversy: No explicit mention in Chapter 6 that makes DPSP non-justiciable.

Legal Cases on Justiciability

Case 1: New Patriotic Party vs. Attorney General (31st December Case)

• Majority Opinion:
  • Constitution is wholly justiciable.
  • No internal evidence in Chapter 6 to suggest non-justiciability.
• Minority Opinion:
  • DPSP is non-justiciable, included for guidance only.
• Scholar Critique (Peter Atupare):
  • Unclear whether majority fully endorsed justiciability.

Case 2: New Patriotic Party vs. Attorney General (CIBA Case)

• Issue: DPSP's justiciability revisited.
• Majority View (Multiple Justices):
  • DPSP not enforceable by themselves.
  • Can guide interpretation when other enforceable rights are involved.
• Justice Bamford-Addo's View:
  • DPSP may be justiciable if connected with enforceable rights.

Case 3: Ghana Lotto Operators Association vs. National Lottery Authority

• Justice Dotse's View:
  • Presumption of justiciability unless context indicates otherwise.
  • Some provisions in Chapter 6 may not lend themselves to enforcement.

Conclusion

• General Consensus:
  • DPSP is not justiciable by themselves.
  • May guide interpretation when linked with enforceable rights.
  • Starting presumption of justiciability unless rebutted.

Key Takeaways

• Non-Enforceability: DPSP primarily serves as a guiding principle rather than enforceable rights.
• Interpretive Role: DPSP helps in understanding and applying laws but lacks direct enforceability.
• Case Law Impact: Previous legal cases have shaped the understanding of DPSP's role in legal interpretation.

End of Lecture

• This lecture concludes the discussion on the enforceability of Directive Principles of State Policy.