Category: Constitutional Law
Permissible Positive Discrimination in a Just Society: A Social Pact of Equals
Abstract In a democratic society, members are conceived as equals. The status of equality arises from the assumption that those who create a just society ... Read More
Passing Law Without Touching the State’s Pocket: An Interpretive Answer To Article 108(a)ii & iii
Abstract The powers of government to legislate, adjudicate, or implement laws are shared among the arms of government—Parliament, the Judiciary, and the Executive. These powers ... Read More
When What Matters Not, Matter! – A Review of the Law on Privacy and Admissibility of Evidence Secretly and Unlawfully Obtained, In Civil Proceedings, Vis-à-Vis Article 18(2) of the 1992 Constitution of Ghana
“It matters not how you get it, if you steal it even, it would be admissible in evidence” Crompton J in R v Leatham (1861) ... Read More
America’s Gun Pandemic: How “Originalists” Failed The Republic
Last Monday, August 28, 2023, there was yet another incident of gun violence in the US. This time, a faculty member at the University of ... Read More
What Constitutes “Reasonable Time Or Unreasonable Delay” In Criminal Trials? The Case of Article 14(4) of the 1992 Constitution
Author: Ernest Kyere Introduction The skinny, malnourished-looking Kofi Boakye walked into the courtroom. His face grimaced as he felt all the stares on him. With ... Read More
The Attorney-General’s Unsolicited Advice To The Auditor-General: Why The Attorney-General Gets It Wrong
The Attorney-General (the “AG”), Godfred Dame, has taken issue with the publication of a special audit report on the government of Ghana’s COVID-19 expenditures covering ... Read More
Rahim Baba Salifa: The Boy Caught Between Ghana-Guinea Tensions
The early days of law school was difficult. It required getting used to the case law method of teaching and learning. And adapting to the ... Read More
Rethinking Article 68(5) of the 1992 Constitution – Taxation of the Emoluments of the President of the Republic of Ghana – An Introspection
Introduction. The President of Ghana is, under the law, the first gentleman of the land and he takes precedence over all other persons in Ghana. ... Read More
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 ... Read More
Joinder of a Juristic Entity in an Article 64 Petition: A Slippery Slope in Civil Procedure Practice in Ghana
Introduction It is fundamental in litigation that parties must commence action against relevant parties to the suit. A plaintiff who conceives that he has a ... Read More