Lecture Notes: Constitutional Law Essay Question on Ghana's 1992 Constitution

Overview

• Focus on a constitutional law essay question related to Ghana's 1992 Constitution, specifically the justiceability of directive principles of state policy in Chapter 6.
• Discuss strategies for answering this question with reference to decided cases and relevant authorities.

Key Strategies for Answering Legal Essay Questions

1. Understanding the Question

   • Read the question multiple times to ensure comprehension.
   • Identify key issues, legal principles, and specific instructions.

2. Planning and Structuring the Essay

   • Craft a strong introduction:
     • Be concise and present main arguments.
     • Structure the essay into clear, coherent parts.
   • Develop strong arguments backed by legal authorities.
   • Include counter-arguments where applicable.
   • Conclude by summarizing main points.

Essay Structure and Content

Introduction

• State the question and its implications.
• Outline the main arguments and authorities to be discussed.
• Example introduction focuses on the enforceability of the directive principles using specific cases.

Part 1: 31st December Case

• Reason for the enforceability debate: Silence in the Constitution about Chapter 6 enforceability.
• 31st December Case: Court held that provisions in Chapter 6 are enforceable unless explicitly stated otherwise in the Constitution.

Part 2: Siba Case

• Discuss the Siba Case:
  • Provisions are enforceable if they relate to enforceable rights in other parts of the Constitution.
  • Only provisions that create enforceable rights in themselves are justiceable.

Part 3: Conflict Exploration

• Explore potential conflicts between the 31st December Case and the Siba Case.
  • 31st December Case argued for universal enforceability.
  • Siba Case provided conditions for enforceability.

Part 4: Lottery Case

• Lottery Case adds clarity:
  • Presumption that all provisions are enforceable unless strong evidence suggests otherwise.
  • Reaffirmed in subsequent cases like Izani Manan vs Attorney General.

Part 5: Conclusion

• Clarify misunderstandings about conflicts between Lottery Case and Siba Case.
  • Both cases do not conflict but rather complement each other in defining enforceability.

Final Tips

• Always structure essays with a clear introduction, body, and conclusion.
• Use relevant cases and authorities to support arguments.
• Adapt the structure to suit the specific demands of the essay question and available time.

This lecture provides a comprehensive guide on structuring and writing an essay for constitutional law questions, with a specific focus on the justiceability of the directive principles of state policy in Ghana's 1992 Constitution.