Who can declare a law as null and void?
The Supreme Court can declare a law ‘ultra vires’ or null and void if it is against the letter and spirit of the Constitution or contravenes any provision of the Constitution. This power is referred to as the power of judicial review.
Can a state declare a federal law null and void?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
Is the law null and void because it was passed in violation of the rules of the house?
No. 8240 is null and void because it was passed in violation of the rules of the House; that these rules embody the “constitutional mandate” in Art. VI, ยง16(3) that “each House may determine the rules of its proceedings” and that, consequently, violation of the House rules is a violation of the Constitution itself.
Whose laws prevail if there is conflict between the state government?
Originally Answered: According to constitution, in case of conflict between central law and state law on a subject listed in concurrent list, the central law prevails over the state.
When two or more provisions of same statute are repugnant?
According to this rule of interpretation, when two or more provisions of the same statute are repugnant to each other, then in such a situation the court, if possible, will try to construe the provisions in such a manner as to give effect to both the provisions by maintaining harmony between the two.
What is the meaning of Repugnancy clause?
Inconsistent defenses
Does the repugnancy clause still exist?
The so-called ‘repugnancy proviso’ has not been invoked by South African courts for many years and in other southern African states it has been repealed because of its associations with the colonial past.
Which act currently contain Repugnancy clause?
Evidence Amendment Act 45
What is repugnant test?
The process for determining the abolition or rejection of perceived unwholesome or inhuman Customary Law on the ground that it is obnoxious is what is now very popularly known as the Repugnancy Test.
What means repugnant?
1 : incompatible, inconsistent. 2 archaic : hostile. 3 : exciting distaste or aversion repugnant language a morally repugnant practice.
What is the hierarchy of court in Nigeria?
The Federal courts are: the Supreme Court, the Court of Appeal and the Federal High Court. The State courts include: the High Court of a State, the Customary Court of Appeal of a State and the Sharia Court of Appeal of a State.
What makes a customary law valid?
At the time a particular rule and custom is sought to be relied upon, it must be shown that the people of the particular area accept it as their custom and acknowledge its existence or continued existence. Acceptability: Before a custom translates into law, it must be regarded as obligatory by the people.
How do you prove a customary law?
The proof of customary law in court is governed by the copious provision of Section 16 of the Evidence Act 2011. The summary of the Act therefore is a customary law can either be proved by direct evidence to establish its existence or by established judicial notice.
Is customary law legally binding?
Customary law is an important source of international law because it binds all nations, and so is not limited in its application, as a treaty is, by reference to who has ratified it or acceded to it.
What is the difference between law and custom?
Custom–spontaneous, traditional, personal, commonly known, corporate, relatively unchanging–is the modality of primitive society; law is the instrument of civilization, of political society sanctioned by organized force, presumably above society at large and buttressing a new set of social interests.