Author: Professor Stephen Kwaku Asare (Professor Stephen Kwaku Asare)

Home Professor Stephen Kwaku Asare
Matters Arising Out of the Abdulai Court: Presiding Members can Wear two Hats
Post

Matters Arising Out of the Abdulai Court: Presiding Members can Wear two Hats

Article 110(1) of the Constitution provides that “subject to the provisions of this Constitution, Parliament may, by standing orders, regulate its own procedure.” Article 101 provides that “the Speaker shall preside in Parliament at all sittings and in his absence a Deputy Speaker shall preside.” The person presiding at these sittings wield enormous powers. He...

The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to  Rest
Post

The Osei-Boateng Doctrine is an Attack on Article 2(1) and must be Laid to  Rest

All citizens of Ghana have the right and duty at all times to defend the Constitution. Accordingly, Article 2 (1) of the Constitution empowers anyone who “alleges that (a) an enactment or anything contained in or done under the authority of that or any other enactment; or (b) any act or omission of any person;...

Dismantling the Retirement Age Architecture
Post

Dismantling the Retirement Age Architecture

The Supreme Court recently decided by a 5-2 majority that the 66-year-old Martin Amidu was eligible to be nominated, vetted and appointed to the office of the Special Prosecutor even though the mandatory retiring age from the public service is 60. It is good that this matter, albeit delayed, has ended. In a constitutional democracy,...