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...
Author: Professor Stephen Kwaku Asare (Professor Stephen Kwaku Asare)
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Professor Stephen Kwaku Asare
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October 12, 2020July 24, 2025Case Summaries, Constitutional Law
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;...
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May 18, 2020July 24, 2025Constitutional Law
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,...