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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

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.

RULING