Constitutional Law Exam LLB II 1st Semester

Question 1

S73

Answer 1

1)There shall be a legislature of SL, to be known as Parliament in which
(2) legislative power is vested.

Question 2

S53

Answer 2

vests executive power in the President which may be exercised by him directly, via his cabinet ministers or public officers subordinate to him.

Question 3

S120

Answer 3

vests the judicial powers in the Judiciary.The Judicature consists of the Supreme Court, Court of Appeals and High Court (referred to as superior courts of record) and such other inferior courts as Parliament may by law establish

Question 4

S.56

Answer 4

provides for such other ministers and Deputy Ministers as the President may establish.

Question 5

S.59

Answer 5

The President, Vice President, Ministers, and Deputy Ministers comprise the Cabinet

Question 6

S121

Answer 6

makes the Chief Justice the head of the Judiciary.
The Supreme Court consists of the Chief Justice and not less than 4 justices of the Supreme Court.

Question 7

S.128

Answer 7

The Court of Appeal consists of the Chief Justice and not less than 7 justices of the court of appeal w/ a quorum of 3.

Question 8

S131

Answer 8

the High Court consists of the Chief Justice and not less than 9 judges of the High Court w/ a quorum of 1.

Question 9

S.138

Answer 9

provides that salaries, allowances etc. of judges of the Supreme Court or Judicature shall be paid out of the Consolidated Fund which therefore means that judges fall within the definition of Public Officer under S171(1) which means a person holding or acting in public office.

Question 10

S.171 (1)
S.76 (1)

Answer 10

defines “Public Office” as an office to which emoluments are paid from the consolidated fund.
disqualifies Public Officers from being elected as Members of Parliament.

Question 11

S.105

Answer 11

makes Parliament the supreme legislative body for Sierra Leone

Question 12

S.106

Answer 12

the power of Parliament to make laws exercised by Bills passed by Parliament and signed by the President.

Question 13

S.124

Answer 13

the Supreme Court has original jurisdiction to the exclusion of all other courts where any question arises as to whether any act of Parliament was made in excess of the power conferred upon Parliament.

Question 14

S.51

Answer 14

stipulation that Parliament may initiate through the speaker, an investigation into an allegation that the President has been guilty of gross misconduct or a violation of the Constitution, which if proved, shall lead to his removal from office.

Question 15

S.56

Answer 15

ministerial appointments by the President must be approved by Parliament.

Question 16

S.60

Answer 16

makes the Cabinet collectively responsible to Parliament for any advice
given to the President and for anything done by any minister in the execution of his office.

Question 17

S.135

Answer 17

The President is empowered to appoint judges of the Superior Court of Judicature on the advice of the Judicial and Legal Service Commission subject to the approval of Parliament.

Question 18

S.137

Answer 18

grants judges security of tenure and ensures judicial independence in that
(1) provides that judges of the Superior Court or Judicature shall hold office during good behavior.
(2) provides that judges may retire at any time after attaining the age of 60 yrs. and shall vacate office upon attaining the age of 65 yrs.
(4) states that a judge of the Superior Court or Judicature may only be removed from office for stated misconduct or for infirmity of mind or body.
(7) provides that such removal shall be done by the President after the investigation of a tribunal and such removal must be approved by a 2/3rds majority of Parliament.