Lecture on Constitutional Law and the Legal System of Ghana

Introduction

• Speaker: Professor Dennis Jay
• Topics: Constitutional law, Ghana’s legal system

Understanding the Constitution

• Definition: A document containing important matters codified into a single book.
• Types of Constitutions:
  • Written Constitution: Codified in one book (e.g., Ghana).
  • Unwritten Constitution: Scattered in different documents (e.g., United Kingdom).

Classification of Constitutions

• Mode of Amendment:
  • Entrenched Provisions: Require a referendum involving citizens 18+, to amend.
  • Non-Entrenched Provisions: Amended solely by Parliament.
  • Unamended Prohibitions: Certain sections cannot be amended at all.

Supremacy of the Constitution

• Supremacy Theory: Constitution is the supreme law of the land.
  • Article 1, Clause 2 declares it as the supreme law.
• Interpretation: Constitution as a living organism capable of growth (political, cultural, sociological changes).
• Supreme Court's Role: Upholds and enforces the constitution.

Citizenship in Ghana

• Citizenship by Birth: Includes those born before significant historical dates or in specific timeframes.
• Adoption: Children under 16 adopted by Ghanaians.
• Registration and Naturalization: Foreigners can become citizens by fulfilling certain criteria.
• Dual Citizenship: Allowed but comes with certain restrictions on holding specific public offices.

Fundamental Human Rights and Freedoms

• Derived from the Universal Declaration of Human Rights.
• Enforceable mainly by the High Court.
• Protects personal liberties, right to life, human dignity, and more.
• Right to fair trial applies to criminal and quasi-criminal proceedings.

Directive Principles of State Policy

• Aspirations for Ghana to achieve free state status in future.
• Includes political, economic, social, educational, cultural, and international objectives.
• Legal Effect: Presumptively justiciable, as per recent case law.

Sources of Law in Ghana

• Primary Sources:
  • Constitution
  • Acts of Parliament
  • Orders, rules, and regulations (delegated legislation)
  • Existing Law
  • Common Law
• Secondary Sources:
  • Stare decisis (judicial precedents)
  • Bylaws, directives

Judicial Precedents

• Supreme Court: Generally bound by its own decisions but may depart if deemed necessary.
• Court of Appeal: Bound by its own decisions, affects lower courts.
• High Court: Decisions have persuasive effect, not binding on itself.

Elections in Ghana

• Presidential Elections: Must get more than 50% to win; disputes go to the Supreme Court.
• Parliamentary Elections: Disputes filed in the High Court, appeals possible to the Court of Appeal.

Conclusion

• Importance of understanding the Constitution and legal processes.
• Encouragement for students preparing for exams.

Q&A Highlights

• Constitution Amendment: Can amend parts but not the entire constitution.
• Subsidiary Legislation: Cannot amend parent legislation, as it is subordinate by nature.
• Allegiance and Citizenship: Explained in terms of holding dual citizenship and its implications.