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Relevant bibliographies by topics / Constitutional law – Ghana

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Journal articles

Academic literature on the topic 'Constitutional law – Ghana'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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Journal articles on the topic "Constitutional law – Ghana"

1

Kludze, A. Kodzo Paaku. "Constitutional Rights and their Relationship with International Human Rights in Ghana." Israel Law Review 41, no. 3 (2008): 677–702. http://dx.doi.org/10.1017/s0021223700000406.

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Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years

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2

Ekow Daniels, W. C. "The Impact of the 1992 Constitution on Family Rights in Ghana." Journal of African Law 40, no. 2 (1996): 183–93. http://dx.doi.org/10.1017/s0021855300007750.

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One of the important characteristics of the Constitution of the Republic of Ghana, 1992, is the prominence it gives to the constitutional protection of the rights of men, women and children who live for a larger part of their lives as families. Although there are passing references to the family, that word is not defined by the Constitution, but the absence of a definition need not be regarded as evidence of non-recognition of the concept of family in Ghana society. Few will disagree widi the proposition that the basis of every society from the most primitive to the most complicated is the fam

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3

Kludze, A. K. P. "Chieftaincy jurisdication and the muddle of constitutional interpretation in Ghana." Journal of African Law 42, no. 1 (1998): 37–63. http://dx.doi.org/10.1017/s0021855300010482.

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The Supreme Court of Ghana, in The Ghana Bar Association v. The Attorney General, has unanimously decided that, even under the 1992 Constitution, High Court and the Court of Appeal have no jurisdiction in chieftaincy matters. Even if this decision itself is correct, it is nevertheless premised on highly questionable legal propositions and dicta which strike at the foundations of several otherwise settled principles and canons of construction.

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4

Abotsi, E. Kofi. "Introspecting the Office of the Special Prosecutor's Act and Ghana's Constitutional Framework on Anti-Corruption." African Journal of International and Comparative Law 28, no. 2 (2020): 219–43. http://dx.doi.org/10.3366/ajicl.2020.0311.

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There exists broad consensus that the reality and persistence of corruption under the 1992 Ghanaian Constitution undermines the ongoing attempt at democratic consolidation and responsible governance. From the standpoint of constitutional trusteeship, corruption has been said to undermine regime legitimacy and the overall public service obligation incumbent on political actors. However, past attempts at fighting the menace through the mechanism of law reform have floundered. The recent passage of the Office of the Special Prosecutor's Act 2018 (Act 663) represents yet another statement of inten

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5

Nyarko, Michael Gyan. "The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective." African Journal of International and Comparative Law 27, no. 1 (2019): 100–125. http://dx.doi.org/10.3366/ajicl.2019.0261.

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Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisitio

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6

Atupare, Atudiwe P. "A fundamental law of reason and the constitutional law of elections in Africa." Journal of Comparative Law in Africa 8, no. 1 (2021): 1–41. http://dx.doi.org/10.47348/jcla/v8/i1a1.

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This paper attempts a comparative understanding of the constitutional law of elections in two African countries: Ghana and Nigeria. As a prelude, I argue that judges should approach the task of interpretation of the constitutional law of elections based on a non-positivist understanding of legality or the rule of law. Law is not to be regarded simply as the product of lawmakers’ decisions and intentions but as embodying fundamental values that gain normative force independently of what is decided, written or intended by lawmakers. The core of this claim is anchored on a theory of law, the fund

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7

Mubangizi, John Cantius. "The Constitutional Protection of Socio-Economic Rights in Selected African Countries: A Comparative Evaluation." African Journal of Legal Studies 2, no. 1 (2006): 1–19. http://dx.doi.org/10.1163/221097312x13397499736345.

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AbstractThis article evaluates the extent to which a few selected African countries have incorporated socio-economic rights in their constitutions, the mechanisms through which such rights are realised, the challenges such realisation entails and the approach taken by the courts and other human rights institutions in those countries towards the realisation and enforcement of those rights. The survey examines South Africa, Namibia, Uganda and Ghana. Apart from the logical geographical spread, all these countries enacted their present constitutions around the same time (1990 to 1996) in an attem

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8

Abdulai, Emmanuel Saffa. "Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency." IALS Student Law Review 8, no. 1 (2021): 3–18. http://dx.doi.org/10.14296/islr.v8i1.5266.

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The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many

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9

Dagbanja, Dominic Npoanlari. "The Changing Pattern and Future of Foreign Investment Law and Policy in Ghana: The Role of Investment Promotion and Protection Agreements." African Journal of Legal Studies 7, no. 2 (2014): 253–92. http://dx.doi.org/10.1163/17087384-12302023.

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This article assesses the implications of investment promotion and protection agreements (ippas) for domestic investment law and policymaking in Ghana. It reviews the terms of domestic investment legislation prior to and after Ghana entered into ippas to ascertain the differences in the content of domestic laws and the role of the ippas in the changing pattern of foreign investment law and policy in Ghana. The review shows fundamental differences. Whereas, for example, under the pre-investment treaty domestic investment laws, a proposed investment could be admitted only if it would contribute

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10

Srem-Sai, Justice. "Committing Ghana to International Agreements: A Review of the Roles of Parliament and the President." African Journal of International and Comparative Law 29, no. 2 (2021): 204–22. http://dx.doi.org/10.3366/ajicl.2021.0360.

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Ghana, a dualist state within the broader common law legal tradition, is confronted with the issue on the roles of parliament and the president in making and implementing treaties. This challenge is affecting the country's relationship with other states and international organisations. The purpose of this article is to assist in clarifying Ghana's constitutional law and practice position on the relationship between the country's treaty obligations and its domestic law. The article will also point out some challenges with the jurisprudence of Ghana's Supreme Court on the issue.

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