Constitutional Law

Notes

Cases
Resources
The 1992 Constitution as a Source of Law

This note, using the provisions in Article 11(1) of the constitution, discusses the constitution as the supreme source of Ghanaian law

Legal Effects of a Revolution

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.

Judicial Responses to a Revolution

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.

The Supreme Court of Ghana

This note discusses the history, composition, and jurisdiction of the Supreme Court of Ghana.

Constitutionalism

This note discusses the concept of constitutionalism with relevant scholarly insights, Ghanaian cases and constitutional provisions.

A Review of Barak's Formal Rule of Law

Barak in Begin and the Rule of Law discussed 3 types of Rule of Law. This note focuses on the formal rule of law.

Separation of Powers

This note discusses the concept of separation of powers, four assumptions underpinning the concept, and separation of powers in the light of case law.

Amending the 1992 Constitution

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.

Introduction to Chieftaincy and Traditional Authority in Ghana

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.

Chieftaincy Matters and the Question of Jurisdiction in Modern Ghana

Examines the jurisdiction of various judicial bodies (courts, houses of chiefs, traditional and divisional councils) in chieftaincy matters.

Introduction to Constitutional Evolution (Ghana)

This note outlines various events that have shaped 1992 Constitution of Ghana.

The Company of Merchants, Letters Patent, and the Committee of Merchants

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.

British Settlement Act and Foreign Jurisdiction Act

This note discusses the legal effects of the British Settlement Act and the Foreign Jurisdiction Act of 1843 in the Gold Coast

The Bond of 1844

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.

Introduction to the 1850 Constitution of Ghana

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.

The Legislative Council under the 1850 Constitution

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.

The Executive Council under the 1850 Constitution

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.

The Poll Tax Ordinance of 1852 under the 1850 Constitution

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.

The Supreme Court Ordinance of 1853 under the 1850 Constitution

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