This note will examine the nature and scope of constitutional law. In doing so, it will examine the meaning of constitutional law, the two broad types of rules it covers, how those rules are reflected in Ghanaian constitutional law, and the sources of constitutional law in Ghana.
This note defines a constitution, examines its characteristics, and discusses its classifications.
This note, using the provisions in Article 11(1) of the constitution, discusses the constitution as the supreme source of Ghanaian law
This note will discuss the ideas of Hans Kelsen on the legal effects of a coup d'état or a revolution on a legal system.
After a successful revolution, the judicial arm of government is often faced with the question of whether the revolutionaries are now to be considered lawmakers or whether the old legal order has been displaced. According to Tayyab Mahmud, there are four options open to the courts when confronted with a successful revolution, which will be discussed in this note.
This note discusses the history, composition, and jurisdiction of the Supreme Court of Ghana.
This note will briefly define justiciability, outline the nature of the provisions in Chapter 6 of the Constitution, and then discuss the evolution of the Supreme Court’s position on the justiciability of the Directive Principles of State Policy.
In previous notes, we discussed the Supreme Court's enforcement jurisdiction. In this note, we will examine the political question doctrine, which affects that jurisdiction. We will define the terms political question and political question doctrine, and examine the Supreme Court's position(s) on the doctrine's applicability in Ghana.
One doctrine often invoked to challenge the Supreme Court's jurisdiction in enforcement proceedings is mootness. This doctrine is part of the principles of judicial self-restraint, under which the court declines to assume jurisdiction in certain cases. This note will define what it means for an action to be moot, explain the doctrine of mootness, and set out when the Supreme Court will decline jurisdiction under the doctrine.
This note will discuss the meaning of constitutionalism, its essence or why it is needed, and a brief overview of the conditions for constitutionalism. In a subsequent note, we will discuss three common ways by which constitutionalism is achieved.
In a previous note, we defined constitutionalism as limited government. This was further explained to mean that the government should be limited in the powers it can exercise and in the manner in which it exercises those powers. One of the ways of limiting a government (and, by extension, all public bodies) is through the imposition of substantive limitations on the government. This note will define the meaning of substantive limitation, how to find the substantive limitations on government, and some examples of the substantive limits placed on government.
In previous notes, we defined constitutionalism as limited government. This was further explained to mean that the government should be limited in the powers it can exercise and in the manner in which it exercises those powers. One of the ways of limiting a government (and, by extension, all public bodies) is through the imposition of institutional limitations. This note will define the meaning of institutional limitation, how to find the institutional limitations on government, and some examples of the institutional limits placed on government.
In a previous note, we defined constitutionalism as limited government. This was further explained to mean that the government should be limited in the powers it can exercise and in the manner in which it exercises those powers. One of the ways of limiting a government (and, by extension, all public bodies) is through the imposition of procedural limitations on the government. This note will define the meaning of procedural limitation, how to find the procedural limitations on government, and some examples of the procedural limits placed on government.
This note explains the rule of law. In doing so, we examine how it has been understood by Aharon Barak and A.V. Dicey. In a subsequent note, we will draw on these understandings to discuss the essential elements of the rule of law.
The note will extensively explore the following elements of the rule of law: the existence of law, the supremacy of the law, equality before the law, the protection of rights, access to the courts, and the prevention of arbitrariness. While these elements are discussed separately, they are intricately interconnected.
This note discusses the concept of separation of powers, four assumptions underpinning the concept, and separation of powers in the light of case law.
This note will discuss the meaning of judicial review, its nature and scope, and the remedies available under judicial review.
This note will discuss the history of judicial review by examining how it manifested under the 1850 Constitution, 1874 Constitution, 1957 Constitution, 1960 Constitution, 1969 Constitution, 1979 Constitution, and under the 1992 Constitution.
This note will discuss the power of the court to judicially review the actions or omissions of the executive and legislature, and the limits placed on the Supreme Court’s power of judicial review of executive and legislative action.
This note will discuss the meaning of administrative bodies and the power of the courts to judicially review the actions and omissions of administrative bodies under the Constitution and the common law, and determine which court has the jurisdiction to review the actions of administrative bodies. In discussing the constitutional power of the court to review the actions of administrative bodies, we shall rely on Articles 23 and 296 of the 1992 Constitution. In discussing the power of the courts to review the action of administrative bodies under the common law, we shall discuss the grounds of illegality, irrationality, and procedural impropriety.
This note defines human rights and discusses their characteristics and classifications. In discussing the characteristics of human rights, the note emphasises that this category of rights is inalienable, universal, and enforceable legal rights rather than mere moral claims. It also emphasises that human rights are indivisible and interdependent, but not absolute or exhaustive. As this note is only introductory, subsequent notes will cover the evolution of human rights under the Constitutional law of Ghana, the enforcement of human rights, and the classifications of rights in Ghana.
In this note, we will highlight the human rights provisions in the Constitutions of 1957, 1960, 1969, 1969, and 1992.
In a previous note, we highlighted that human rights may be classified as civil and political rights. These rights include the right to life, personal liberty, human dignity, a fair trial, protection from slavery and forced labour, equality and freedom from discrimination, privacy, protection against deprivation of property, and general fundamental freedoms. These rights are now discussed.
In previous notes, we discussed several human rights guaranteed under the Constitution, 1992. The essential question is: what happens if a human rights provision is breached? In particular, which court has jurisdiction to enforce the Constitution's human rights provisions? This note discusses the jurisdiction of the High Court and the Supreme Court in enforcing human rights in Ghana.
This note defines natural justice, briefly explains its two rules, nemo judex in causa sua and audi alteram partem, and discusses its sources and essence.
In a previous note, it was highlighted that nemo judex in causa sua is one of the rules or maxims of natural justice. This note explains the rule's meaning and the two broad instances in which it arises. In explaining the two instances, it will be noted that the rule arises where the adjudicator has a pecuniary interest or a non-pecuniary interest that gives rise to a real likelihood of bias.
This note discusses three exceptions to nemo judex in causa sua.
In previous notes, we discussed the natural justice rule of nemo judex in causa sua. In this note, we discuss the second rule, audi alteram partem. This note explains its meaning, highlights its constitutional basis, discusses its key pillars, and outlines four considerations to bear in mind when applying the rule.
Examines amendment of entrenched and non-entrenched provisions, the role of the arms of gov't in amendment, the basic structure doctrine, limitations in amendment, and the need for amendment.
This note provides an introduction to the chieftaincy institution in Ghana by examining the meaning of chief and the evolution of the chieftaincy institution from pre-colonial times to modern Ghana.
Examines the jurisdiction of various judicial bodies (courts, houses of chiefs, traditional and divisional councils) in chieftaincy matters.
This note outlines various events that have shaped 1992 Constitution of Ghana.
This note discusses the early periods of British involvement with the Gold Coast and the legal effects of the company of merchants, the letters patent, and the committee of merchants.
This note discusses the legal effects of the British Settlement Act and the Foreign Jurisdiction Act of 1843 in the Gold Coast
This note discusses the bond of 1844 as an agreement between the British Crown and eight Fante chiefs. The agreement had the primary effect of recognizing British exercise of jurisdiction, in addition to other legal effects.
This note briefly introduces the Royal Charter of 1850, which has become known as the 1850 Constitution. The note reveals that under the 1850 Constitution, the Executive and Legislative Councils were brought into being, and the Supreme Court Ordinance and Poll Tax Ordinance were also made.
Under the 1850 Constitution, a Legislative Council was established. This note discusses that council in terms of composition, its powers, mode of operation, and how it reflects the principles of separation of powers, constitutionalism, among others.
Under the 1850 Constitution, an Executive Council was established. This note discusses that council in terms of composition, mode of operation, and how it fails to reflect the principles of separation of powers and checks and balances; the advisory role of the Executive Council and how it mirrors the present-day cabinet; and how the 1850 Constitution goes contrary to the freedom of religion under the 1992 Constitution, among others.
This note discusses why there was the need to impose a poll tax, the formation of the Legislative Assembly of Native Chiefs and its jurisdiction, the imposition of a poll tax by the Legislative Assembly of Native Chiefs, why the poll tax failed, and the poll tax ordinance through a constitutional lens.
Under the 1850 Constitution, through the Supreme Court Ordinance of 1853, the Supreme Court was created. This note discusses its jurisdiction, powers of judicial review, the Governor's power of appointing the Chief Justice and how that reflects under the 1992 Constitution among others