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Constitutional law

Article 2 or Article 33? Choosing the right court

NotifiedLaw Editorial · 26 Oct 2026 · 6 min read

Many students and litigants assume that any claim mentioning the Constitution belongs in the Supreme Court. It does not. The forum depends on what the plaintiff really wants.

If the claim asks for a declaration that a law or act is inconsistent with the Constitution, Article 2(1) applies and the Supreme Court has exclusive original jurisdiction under Article 130(1).

If the claim is in substance about enforcing the plaintiff’s own fundamental human rights, Article 33(1) sends it to the High Court. Edusei v Attorney-General confirms that citing Article 2 on the writ does not change this.

A genuine question of interpretation can still arise inside a High Court case. In that event the court stays proceedings and refers the question up under Article 130(2).

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