foreign we shall attempt to solve a question that relates to the political question Doctrine the question reads as follows to what extent does the concept of the political question apply within the legal framework of Ghana discuss the key principles and cases that have shipped your understanding and application of the political question Doctrine in Ghana and this is our suggested answer and bear in mind it's an essay question so our main structure will be that we have a good introduction where we tell them what we are going to see we see it and we finally told them what we have said so without wasting much time we proceed on to our introduction this question seeks to test my knowledge on the political question Doctrine in Ghana in the first part of this essay I shall explain the historical development of the political question Doctrine in the USA in the case of Madrid and Madison in the second part I shall rely on the case of vehicle and car to explain the elements that must be established for a party to rely on the political question production so in the first part of the essay I explained the historical developments in the second part I shall rely on the case of Baker and Carr to explain the elements that must be established for a party to rely on the political question Doctrine in the third part I shall explain how the chromoset has been applied before the Ghanaian courts foreign specifically address the question of whether the adoption whether police car questions are destination in Ghana almost in the first part I shall conclude the discussion so don't we in the fourth part all right so the first parts so which are between the historical development so the first part to start with the political question Doctrine which was first enunciated in the case of Madrid and Madison essentially explains that there are some legal questions that's the Jerusalem at the site and there are some political questions that the Judiciary must allow the political branches to remedy there are some legal questions that the Judiciary must decide meaning that if it's legal questions judicially decide but there are some political questions you must allow the elected branches of government to decide those masses the political question Doctrine process that such questions which are constitutionally committed to elected branches of governments for resolution I am not justiceable and will therefore require the Judiciary to abstain from deciding them if doing so would intrude upon the functions of the elected branches of governments the political question forces that questions which are constitutionally committed to elected branches of government for resolution are not just a shovel and will therefore require the Judiciary to abstain from deciding them if doing so would intrude upon the functions of the elected branches of governments the underlying philosophy of the political question Doctrine is that some political questions must find resolution or answers in the political process in Mario Madison it was held at the province of the judicial Department is solely to say what the law is and not to inquire into how the executive or executive officers perform duties which they have the discretion according to the Court's questions in their nature political or which are by the Constitution and laws submitted to the executive can never be decided in the courts clearly the doctrine is an is a lessons a function of the principle of separation of powers so what are we saying so far we are saying so far that there's a Doctrine called the political question Doctrine examinated from the USA in the case of Mario Madison and all it explains is that there are some questions which are legal those ones the user must decide but there are some questions which are in their nature political with the Judiciary must allow the elected branches of government to resolve those issues let me take that portion once again the introduction is very critical underlining philosophy of the political question Doctrine is that such political questions must find resolution or answers in the political process the Mario Madison it was held as the province of the judicial department is to say what the law is and not to inquire into how the executive or executive officers perform duties in which they have a discretion according to the courts persons in their nature political or which are by the Constitution and laws submitted to the executive can never be decided in the courts clearly a Doctrine is in essence a function of the separation of powers what do we see in our first part we said in our first part we shall explain the historical development of the police car question Doctrine they were said in the second part we shall rely on big kind of car to explain the elements some of the established for a party to rely on the police Corporation blockchain so we have the second part let's see it has to be mentioned that in the case of maker and Carr Justice Brennan announce six criteria any of which if established will be sufficient to prove the existence of a non-justiciable political question and with that justify an evocation of the adoption these criteria as follows and bear in mind they say that any of which you've established so any of these ones if you can prove them to justify the vocation of the political question induction the criteria sexually demonstrable constitutional commitments on the issue it's recording its political departments in other words if the Constitution has permitted the issue to a political Department to deal with then allow them to do with it our lack of a judicially discoverable and manageable standard for his organization before you as a judiciary there's no judicially discoverable standard foreign possibility of deciding without an initial determination of a Kind clearly for non-judicial discretion in other words if you are going to decide this matter is it going to result in you deciding a policy matter that is supposed to be decided by another organ of governments or the impossibility of a Court's undertaking independent resolution without expressing lack of respect new coordinate branches of governments in other words if you are deciding the particular matter how you decide the matter without necessarily expressing lack of respect which is due to a coordinate branch of governments or an unusual need for requesting adherence to a political question already made or the applicant or the potentiality of embarrassment for multifarious pronouncements the real departments on one question other cases decided in foreign jurisdictions have affirmed the non-justiciability of political person adoptions other cases in foreign so the next parts in Ghana the Justice ability let me see what let me see so first part we said we shall explain the historical developments second part we shall rely on beta and car third part which I'll explain how the common set has been applied before the Ghanaian courts okay so the name quotes from here in Ghana the gestational ability or otherwise of the political question Doctrine can be gleaned from the ratio in the following cases General foreign let me take this one out there are too many so MPP and attorney general Ghana bus Citizen and Senate General as well as Justice attorney general I will rely on these cases to demonstrate that even though the Supreme Court held in MPV and attorney general that a political question adoption was not applicable in Ghana the same Supreme Court in the case of Ghana Bar Association and attorney general held that the adoption was applicable in Ghana The Final Answer appears to however have been given in the case of Jade Mensa and attorney general so what am I seeing over here what I'm saying in this paragraph is that I'm telling the examiner that's the justiceability or otherwise of the political question Doctrine in Ghana these are the cases that have made some statements or Holdings about it and I rely on this game to demonstrate that even though the Supreme Court was held in the MPP and petrified and attorney general Said Fred is in Marquis that the political question Joshua was not applicable in Ghana the same Supreme Court in the case of Ghana by association attorney general now held that adoption was applicable in Ghana so over there there seems to be a conflict then I'm saying that the final answer appears to have been given by the keys of J.A mensah Indian Attorney General so we must not proceed to deal with this case to start with in the case of MTV versus attorney general the plaintiff instituted an action in the Supreme Court arguing that the intended celebration of 31st December as a national holiday in Ghana with State funds was in conflict with article 3 5 and 41 of the 1992 Constitution the Attorney General in relying on the case of Baker and Carr argued that the court should not be called upon to decide the question the Supreme Court in its majority decision especially in the government of Arabic GSE hell that the whole constitution of gamma is essentially a political document and almost every matter of interpretation all enforcement with me I rise from it is bound to be political or at least have a political dimension and that such circumstances cannot be a basis to deprive the Supreme Court of his judicial powers the Supreme Court therefore held at the political question adoption was not applicable in Ghana put in another way the Supreme Court held that an exercise of its interpretative and enforcement jurisdiction and article true and one page of the Constitution there's a group that may lovely decide controversies which are of a political nature so what do you have so far from here what we are so far from here is that in Ghana we don't know anything like political question doctrines who should not be applicable in Ghana that all as we know is that in Ghana we have constitutional Supremacy so if the court has to pronounce on any matter in the Constitution and it has a political connotation the Supreme Court can in exercise of its interpretative and enforcement jurisdiction decide those controversies even if they have a political nature further to that in the case of Ghana by association and attorney general the Supreme Court held that the political question was applicable in Ghana but see what is happening over here further to that in the case of Ghana by association and attorney general the Supreme Court held that the political opportunity was applicable in Ghana in this case the princip initiated an action in the Supreme Court challenging the appointment of Justice Urban and state Justice the Supreme Court held that the appointment of Justice Urban foreign political question specifically committed to the president's Council of state and Parliament the Guardians you who ruled for the majority held that the political question adoption was applicable in Ghana and that the doctrine was implicit in the concept of the prison of Paris where certain functions are committed to a specific branch of government in this case the Supreme Court noted that to determine whether a matter was a political question they come must considered three issues first is whether the issue involves resolution of questions committed by the text of the Constitution to a coordinate branch of governments next is to interrogate whether a resolution of the person demands the record moves beyond the areas of judicial expertise and the last consideration is whether potential considerations Council against any form of judicial intervention in some the court noted that in deciding whether a question Falls within the class of political questions the specific commitment of the matter to another arm of government and the lack of satisfactory criteria for judicial determination appear to be dominant constitutions let me explain this what you are saying is that if you want to determine whether a mother is a political question is not set up that matter has a specifically committed to a particular organ of government then you can say that is a political question for that organ of government to deal with especially when there's no judicial criteria for even resolving that particular issue then allow the issue to be resolved by the political process so so far we've seen in the case of MPP and attorney general certified case that the political question adoption was not applicable in Ghana in Ghana all Supreme Court decisions they're appearing to be a conflict so it's a proceed however in the case of j.8 Mesa and attorney general when does any general added that appointment of ministers was a political questionable the Supreme Court speaking to Justice Aqua now that the political question industry will be applicable in Ghana only if his applicability does not result in a breach of the Constitution perfect the limit Justice indicated that if the political question Doctrine it is meant that where the pronunciation of Ghana allocates power or function from Authority and that Authority exercises the power within the parameters of the Constitution no Courthouse jurisdiction to interfere with the Exile without jurisdiction then he entirely agrees that adoption will apply in our conscious Buddhists he then proceeded to exploit The View that if by political question Doctrine it is mates that's even when the authority exercises that power in violation of the conditional provision no court has the reduction to interfere merely because the Constitution has given that Urban the parts will accept that Authority then he disagrees another foreign is that for political questions to apply only if you apply it is going to be within the parameters of the constitution in other words if for example we've given you the power to declare holidays as executive holidays in the way that is consistent with the Constitution then we'll say it's a political question country which will interfere with but if you are declare holidays they are now doing it in the way which is inconsistent with the Constitution that one will say that political question culture will not be applicable and then you will not apply it I mean some Scholars have described as you as a compromise political question adoption no describe that's on a different day but for this answer this is the position from the eight minister so they proceed it is important to mention that in the case of Justice Abdullahi versus the Attorney General it's a very recent case after 2020 the Supreme Court held that in exercising is interpretative and enforcement mandates it may adjudicate all and any allegations not any Acts or missions and enactments are inconsistent with and contravention of the Constitution including political questions the court however proceeded to expertise state that on the performance of probabilities the Supreme Court has helped that the political Constitution does not apply in Ghana in this reminisce called a problem with say that the political question doesn't apply in Ghana right away this is what was said in just Abdullahi this position of the Supreme Court was fortified by its previous decision in the case of Amir and kufour in with upper JSC have earlier held at the political question adoption was applicable in the USA of America but not in Ghana so we've dealt with let me see our introduction again we've dealt with the third but housing applied before the Ghanaian courts she showed us in the Ghanaian Court we had 35 December keys that said that it wasn't applicable in Ghana then we saw Ghana versus she says it's applicable in Ghana the results that it will be applicable in Ghana if it is in Conformity the Constitution and then life which is in Bridge it's not the applicable in Ghana the Supreme Court creating the impression that it can be a the concept may not be applicable in Ghana and the first one itself with an area taking the similar position so that is our third part well we've demonstrated how the Ghana Imports have dealt with the police Corporation option then in the four part which I'll conclude the discussion so in conclusion even though some authorities like MPP and attorney general just have the line and attended their love as well as Amigo and kufford have held that the political question adoption is not applicable in Ghana there are other authorities also the Supreme Courts such as it makes an attorney general and Ghana by association and attorney general that have affirmed the applicability of the political question Doctrine in Ghana so I'm sure at this point people will be confused so which is which so I give my opinion here that my position is that the political question adoption will be applied in Ghana only if it's applicability will be in Conformity with the Constitution because of article one plus two which affirms the supremacy of the 1992 Constitution we are now put on one line the cases that I have held that it may not be applicable in Ghana and the ones that have held must be applicable in Ghana that I've given my position that will be applicable in Ghana only if it's applicability will be in Conformity with the Constitution so this is how the actor looks like remember this is not a standard formula you can tweak it in the way that you like write it with your own style but you must have a strong introduction tell them what you are going to see you see it and then you tell them what you have said this is where we shall draw the Curtis thank you foreign