Supremacy of The Constitution (2)

Q.
Supremacy of the constitution is maintained by giving to the courts the right to review legislative and executive acts. When a legislative act violates the Constitution, the court may declare it ultra vires and void. Legislation may be invalidated on four grounds, list out the four (4) conditions.

A.
They are:

1. When laws are enacted relates to a matter concerning which the legislature has no power to make law;
2. When the law has not been enacted in accordance with the procedure prescribed in the Constitution; 
3. When the law is inconsistent with any provision of the Constitution; or
4. When in the case of State law, it is inconsistent with the federal law.

Any court may declare invalid legislation on grounds 2, 3 & 4. The jurisdiction to declare legislation invalid on ground 1, however, is exclusive to the highest court, i.e. The Federal Court. This is to ensure that a law is declared invalid on this very serious ground only after full consideration by the highest court in the land.