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A declaration of invalidity should not be applied to all existing previous decisions as this would be disadvantageous to an ordered society, victims of those cases and a coherent legal system. The general principle has always been that a declaration of unconstitutionality will not affect judicial decisions which has already reached a final ...
The case is also important, in this area of the law, for its treatment of the power of the Constitutional Court to suspend a declaration of invalidity, in the interests of justice and good government, pending a correction of the invalid statute by the competent authority. As a general rule, the court held, it will not suspend an order of ...
The majority suspended the declaration of invalidity for a period of a year to allow Parliament time to correct the defect. It also declared the omission from section 30(1) of the Marriage Act after the words "or husband" of the words "or spouse" to be inconsistent with the Constitution, and invalid to the extent of the inconsistency.
The lack of any of these conditions makes a marriage invalid and constitutes legal grounds for a declaration of nullity. Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity.
Tuesday's martial law declaration marked the first since the country's democratization in 1987. Martial law was last declared in 1979 after the assassination of dictator Park Chung Hee.
In effect the Minister was asking for an order to suspend the declaration of invalidity. This is an order that should be made, as the Constitution contemplates in section 172(1)(b), by the court making the declaration of invalidity. In this case, the order could have been made by the SCA.
The court decided that the order of invalidity in respect of trade-union membership would only come into force three months from the date of judgement. The court added as a proviso that, if the delayed order would cause either party substantial prejudice, such party might approach the Constitutional Court for a variation of the order.
The court held that the declaration of invalidity had to be made retrospective to 27 April 1994, but that it did not apply to any completed transfer of ownership to an heir who had no notice of a challenge to the legal validity of the statutory provisions and the customary-law rule in question. Furthermore, anything done pursuant to the winding ...