Constitutional law and policy review

  • Why is studying constitutional law important to Ghana's development?

    Constitutional law plays a crucial role in the development of Ghana by: Providing a framework for governance: The constitution sets out the structures, powers and responsibilities of government and its institutions, ensuring that they operate within the law and are accountable to the people..

What is a constitutional review?

Constitutional review rests … not only the Constitution, but on the Declaration of the Rights of Man and the 1946 Preamble

These texts possess objective and permanentstatus

[W]e never acted as a gouvernement des juges

Normal standard of review in U.S. constitutional law

In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
Courts applying rational basis review seek to determine whether a law is rationally related to a legitimate government interest, whether real or hypothetical.
The higher levels of scrutiny are intermediate scrutiny and strict scrutiny.
Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated.
In U.S.
Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate courts.
When courts engage in rational basis review, only the most egregious enactments, those not rationally related to a legitimate government interest, are overturned.

Journal

The Yale Law & Policy Review is a biannual student-run law review at the Yale Law School covering the intersection of law and policy.

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