119.
Saving for jurisdiction of courts
No provision of this Constitution that any person or authority shall not be subject to the
direction or control of any other person or authority in the exercise of any functions under
this Constitution shall be construed as precluding a court of law from exercising jurisdiction
in relation to any question, whether that person or authority has performed those functions
in accordance with this Constitution or any other law or should not perform those functions.
120. Power to amend and revoke instruments
Where any power is conferred by this Constitution to make any order, regulation or rule, or
to give any direction, the power shall be construed as including the power, exercisable in
like manner, to amend or revoke any such order, regulation, rule or direction.
121. Consultation
Where any person or authority, other than the President, is directed by this Constitution to
exercise any function after consultation with any other person or authority, that person or
authority shall not be obliged to exercise that function in accordance with the advice of that
other person or authority.
Amended by [Act No. 48 of 1991]
122.
Parliamentary control over certain subordinate legislation
All laws, other than Acts of Parliament, that make such provision as is mentioned in section
5(1) or section 15(3) or that establish new criminal offences or impose new penalties shall
be laid before the Assembly as soon as is practicable after they are made and (without
prejudice to any other power that may be vested in the Assembly in relation to any such
law) any such law may be revoked by the Assembly by resolution passed within 30 days
after it is laid before the Assembly:
Provided that(a)
where it is so prescribed by Parliament in relation to any such law, that law shall not
be laid before the Assembly during a period of public emergency within the
meaning of Chapter II;
(b)
in reckoning the period of 30 days after any such law is laid before the Assembly,
no account shall be taken of any period during which Parliament is dissolved or
prorogued or is adjourned for more than 4 days.
-----------------------FIRST SCHEDULE
(section 31 (2))
1.
Elected members to be returned by constituencies