CAPTAN v. MINISTER OF INTERIOR
1970
SUPREME COURT
CORAM
- Akufo-Addo C.J.
- CJ Azu Crabbe
- Siriboe
- Anin
- Archer JJ.A
Areas of Law
- Constitutional Law
- Immigration law
- Human rights Law
- Administrative Law
1970
SUPREME COURT
CORAM
AI Generated Summary
In this constitutional ruling, a judicial panel confronted an alien claimant’s attempt to obtain rights equivalent to those of citizens. The court reaffirmed that the Constitution is the fundamental law structuring the distinct roles of the Executive, Legislature, and Judiciary, and that courts are themselves bound by it. While acknowledging that aliens are accorded many legal rights, the court emphasized that parity is deliberately withheld in certain areas, notably indicated by Article 24 and Article 25(5). It further noted that Executive and Legislative control over aliens is inextricably linked to the State’s foreign relations, allocated to the political departments under Article 57. Despite sympathy for the claimant, the court refused to grant rights the Constitution withholds and rejected any invitation to substitute judicial political judgment for that of the Executive and Legislature.
EXTRACT FROM RULING: The constitution as the fundamental law of the land has demarcated the arrears of operation of the three organs of state, i.e. the Executive, the legislature and the judiciary, and the judiciary which has the duty to interpret and enforce the Constitution is just as subject to the law as any other organ of state, and it (that is the judiciary) cannot, in upholding the Constitution, operate above it. We are here dealing with the rights of aliens, not of citizens. The constitution has in many areas accorded to aliens parity of legal rights with citizens, but has deliberately withheld parity in other areas. One such area in the latter category is the one covered by article 24 (another will be found in article 25(5)). The court, however much it may sympathize with the plaintiff in his predicament, cannot set itself above the constitution and concede what the constitution has withheld. The exercise of the power of the Executive and of the Legislature over aliens is inextricably intertwined with the conduct of the State’s relations with foreign countries, and the conduct of foreign relations is peculiarly within the province of what are called the political departments of state, i.e. the Executive and the Legislature (vide article 57 of the constitution). Any argument that places the courts in a situation in which they may have to substitute their political judgment for that of the Executive and the Legislature is wholly unacceptable, for any such act of substitution on the part of the court can only have the effect of gravely undermining the very constitution which the courts are called upon to guard, and to which they owe their judicial power.”