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Journal articles on the topic 'Constitutional law – Ghana'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 February 2022

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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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11

Stevens, Joanna. "Colonial relics I: the requirement of a permit to hold a peaceful assembly." Journal of African Law 41, no. 1 (1997): 118–33. http://dx.doi.org/10.1017/s0021855300010020.

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In November 1993, in the case of NPP v. Inspector-General of Police, Archer, CJ., in striking down Ghanaian legislation providing for the licensing of peaceful assemblies, stated rhetorically:“… police permits are colonial relics and have no place in Ghana in the last decade of the twentieth century. …Those who introduced police permits in this country do not require police permits in their own country to hold public meetings and processions. Why should we require them?”Over the last three years, possible justifications for the retention of laws requiring that a permit be obtained prior to hol

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12

Mensa-Bonsu, Maame A. S. "Why Electoral Reforms are Urgently Needed in Ghana." African Journal of International and Comparative Law 29, no. 2 (2021): 185–203. http://dx.doi.org/10.3366/ajicl.2021.0359.

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In this article, I examine the breathtakingly wide scope of executive power and the low threshold for electoral victory in Ghana's constitution. I demonstrate how the ‘first past the post’ electoral formula colludes with the ‘winner takes all’ government configuration to saddle Ghana with a corruption-fuelled governance crisis that could escalate over time to be an existential threat to the longest-lasting democratic period Ghana has ever known. I assert that electoral reform to provide for consociational government is the only feasible way to simultaneously lessen the starkness of electoral l

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13

Paa Kwame, Asare Larbi. "Justiciability of the Right to Development in Ghana: Mirage or Possibility?" Strathmore Law Review 1, no. 1 (2016): 76–98. http://dx.doi.org/10.52907/slr.v1i1.85.

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An analysis of the debate on the right to development (RTD) suggests that the right is pursued as a solution to solve the problems of poverty and underdevelopment. Thus, this study seeks to determine if at the national level in Ghana, the right to development is a right which is opposable by right-holders against the duty bearers. The Study adopted the Black Letter Law approach in analysing the legal effect of relevant law. This study shows that the African Charter is the only multinational treaty that makes RTD legally enforceable. It also shows that Ghana, which is dualist, has not ratified

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14

Mensah, Kwadwo B. "Legal Control of Discretionary Powers in Ghana: Lessons from English Administrative Law Theory." Afrika Focus 14, no. 2 (1998): 119–40. http://dx.doi.org/10.1163/2031356x-01402002.

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This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modern administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Armed with these ‘lenses’ it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto and People’s Popular Party v Attorney General (PPP v AG). It examines the provisions which

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15

Mujuzi, Jamil Ddamulira. "The Admissibility of Evidence Obtained through Human Rights Violations in Ghana: Analysing Cubagee v Asare and Others (NO. J6/04/2017) [2018] GHASC 14 (28 February 2018)." African Journal of Legal Studies 12, no. 1 (2019): 81–105. http://dx.doi.org/10.1163/17087384-12340044.

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Abstract The Constitution of Ghana, unlike those of other African countries such as Zimbabwe, Kenya, and South Africa is silent on the issue of the admissibility of evidence obtained through human rights violations. Jurisprudence from Ghana demonstrates that although there had been cases in which the High Court and the Court of Appeal briefly dealt with this type of evidence, the Supreme Court, the highest court in Ghana, had not expressed an opinion on this issue until recently. In February 2018, in the case of Cubagee v Asare and Others, the Supreme Court laid down the criteria that Ghanaian

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16

Widner, Jennifer. "Courts and Democracy in Postconflict Transitions: A Social Scientist’s Perspective on the African Case." American Journal of International Law 95, no. 1 (2001): 64–75. http://dx.doi.org/10.2307/2642037.

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A “second liberation” swept the African continent beginning in 1989. In many places, multiparty elections and a measured optimism gained ground. Yet during the 1990s, the spirit of moderation and tolerance typical of the early independence movements began to fray. The recent armed conflicts of Central and West Africa and the columns of refugees crossing borders have served as a blunt reminder of the fragility of many of the continent’s democratic experiments.In this new era, law plays a central, visible, yet delicate role in many peace settlements and democratic transitions, from South Africa

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17

Rathbone, Richard. "A Murder in the Colonial Gold Coast: Law and Politics in the 1940s." Journal of African History 30, no. 3 (1989): 445–61. http://dx.doi.org/10.1017/s0021853700024476.

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This article looks at a murder case which resulted from allegations of ‘ritual murder’ in the course of Nana Sir Ofori Atta's final funeral rites in Akyem Abuakwa, Ghana, in 1944. At the level of the Akyem state, the accusations came from an affronted section within the polity, the Amantow Mmiensa, who had been defeated by the Stool in the course of the 1932–3 disturbances arising from the Native Administration Revenue Ordinance but whose grievances against the Okyenhene were of greater antiquity. The accused were all descendants of past kings of Akyem. At the level of the Gold Coast state, th

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18

Mangal, Farooq Jan. "Role of Media in Policy Making: Special reference to Afghanistan." International Journal of Social Sciences and Humanities Invention 7, no. 03 (2020): 5821–32. http://dx.doi.org/10.18535/ijsshi/v7i03.01.

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Mass media (Radio, TV, print…) plays a crucial and vital role in information distribution and thus in the political market and public policy making. Theory predicts that information provided by mass media reflects the media’s incentives to provide news to different types of groups in society, and affects these groups’ influence in policy-making. The study emphasize on the role of mass media in political markets and its effect on public policy-making. It attempts to develop a theoretical relationship between mass media and public policy. The empirical studies have tried to assess the effect of

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19

"Book Reviews." Journal of Economic Literature 51, no. 2 (2013): 561–62. http://dx.doi.org/10.1257/jel.51.2.544.r10.

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Nicoli Nattrass of Centre for Social Science Research, University of Cape Town reviews, “Patenting of Pharmaceuticals and Development in Sub-Saharan Africa: Laws, Institutions, Practices, and Politics” by Poku Adusei. The Econlit abstract of this book begins: “xamines the need to reconstruct the globalized patent regime to address public health and development challenges that confront the citizens of countries in sub-Saharan Africa, focusing on the threats posed by HIV/AIDS, malaria, and tuberculosis epidemics. Discusses exploring the conceptual domains for patent discourse in global trade rel

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20

Asekere, George. "Domesticating Vigilantism in Ghana’s Fourth Republic: The Challenge Ahead." Asian Research Journal of Arts & Social Sciences, March 26, 2020, 24–39. http://dx.doi.org/10.9734/arjass/2020/v10i330148.

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Political party vigilantism in Ghana has consistently been on the ascendency since the return to Constitutional rule in 1993. Their activities have usually been during and after elections across the country. By-elections in Atiwa, Akwatia, Chereponi, Talensi, Amenfi West and more recently Ayawaso West Wuogon, have all been marred by acts of violence. Ghana in 2017 recorded for the first time political party vigilante groups storming a courtroom in Kumasi and freeing some of their members standing trial after assaulting a regional security coordinator in the second largest region in the country

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21

"New Human Rights Commission in Uganda." Journal of African Law 40, no. 1 (1996): 119. http://dx.doi.org/10.1017/s0021855300007191.

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The Constitution of Uganda was adopted on 22 September, 1995, and full details of the document will appear in the next issue of the J.A.L. One of the most interesting institutions established is the Uganda Human Rights Commission. Composed of a Chairperson, who must be a judge of the High Court or qualified to hold that office, and not less than three other persons, the Commission will have wide-ranging investigative and promotional functions. However, it is the enforcement powers of the Commission that are unusual. Traditionally, national institutions (offices of the ombudsman and human right

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22

Mensah, Kwadwo B. "Legal control of discretionary powers in Ghana: Lessons from English administrative law theory." Afrika Focus 14, no. 2 (1998). http://dx.doi.org/10.21825/af.v14i2.5549.

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This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modem administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Aimed with these 'lenses', it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto , and People's Popular Party v Attorney General (PPP v AG)'. It examines the provisions wh

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23

"Elections, Foreign Direct Investment, and Economic Growth in Ghana’s Fourth Republic: 1993 to 2016." International Journal of Economics and Financial Research, no. 51 (January 10, 2019): 1–8. http://dx.doi.org/10.32861/ijefr.51.1.8.

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Foreign Direct Investment (FDI) has been seen as an important factor influencing economic growth directly and indirectly in both developed and developing countries. This study assesses the impact of FDI on growth in Ghana since the return to constitutional rule in 1993. The study uses time series data from 1993 to 2016. Using the Autoregressive Distributed Lagged model (ARDL), the study finds a positive impact of FDI on growth both in the short-run and long-run. However, there is a lag period of two. The study equally finds that Gross Saving has a positive impact on growth. On the other hand i

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24

Pausé, Cat, and Sandra Grey. "Throwing Our Weight Around: Fat Girls, Protest, and Civil Unrest." M/C Journal 21, no. 3 (2018). http://dx.doi.org/10.5204/mcj.1424.

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This article explores how fat women protesting challenges norms of womanhood, the place of women in society, and who has the power to have their say in public spaces. We use the term fat as a political reclamation; Fat Studies scholars and fat activists prefer the term fat, over the normative term “overweight” and the pathologising term “obese/obesity” (Lee and Pausé para 3). Who is and who isn’t fat, we suggest, is best left to self-determination, although it is generally accepted by fat activists that the term is most appropriately adopted by individuals who are unable to buy clothes in any

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