Introduction The doctrine of separability in commercial arbitration is the principle that arbitration clause is not merged with the contractual agreement. Separability principle makes the arbitration clause a stand-alone clause. It is an agreement in its own right in accordance with section 3(1) of the Alternative Dispute Resolution Act, 2010 (Act 798) which provides as...
Introduction Although African philosophy of Law has its roots in African customary law, it can be seen as an evolving jurisprudential tradition overshadowed by western principles. This opinion is buttressed by the fact that African legal philosophy generally lacks formal recognition in our legal system. In proof of this assertion, the discussion will be broken...
Religion is a pre-occupation of the day-to-day lives of Ghanaians – and this gives the clerics dominion of the society. Like elsewhere in Greece and Iran, the religious societies have so much power that it cannot be contended – to the extent that they look to exercise power as a separate arm of government. Although Ghana’s...
Article 297(e) of the 1992 Constitution provides that persons include female persons and corporations. In the case of New Patriotic Party v Attorney General[1], the Supreme Court held that persons are both natural and artificial persons, i.e., human beings and body corporates respectively[2]. In line with this, section 66(1) of Act 29 specifies that, “in order...
“The Only Thing We Learn From History Is That We Learn Nothing From History.” Georg Wilhelm Friedrich Hegel About fifty years ago, under the visionary leadership of Ghana’s first President, Dr. Kwame Nkrumah, the Organization of African Unity, now the African Union (AU), conceived an African Common Market program. According to Dr. Kwame Nkrumah, it...
Introduction While the Criminal Offences Act, 1960 (Act 29) outlines a number of criminal offences and prescribes punishments for offenders, a number of the crimes outlined in Act 29 have some intrinsic inadequacies. The gaps in their definitions present a challenge for successful prosecution of such crimes. Chapter six of the Criminal Offences Act, 1960...
The right to privacy is a fundamental human right. Article 18, clause 2 of the 1992 Constitution provides that: “No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except with law and as may be necessary in a free and democratic society for public safety or for...