Democracy Without Development: the Perils of Plutocracy in Ghana
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Corruption and the Global Economy
10 Corruption as an International Policy Problem: Overview and Recommendations KIMBERLY ANN ELLIOTT In just a few months in early 1997, Mexico fired its top drug-enforcement official for accepting bribes and ultimately closed the agency because it was so ridden with corruption; Ukraines president once again declared war on corruption; Chinese Prime Minister Li Peng lamented that his country was losing ground in its war on corruption; President Kim Young Sam deplored endemic corruption in South Korea; Russian Interior Min- ister Anatoly Kulikov pledged to crack down on corruption and the gray economy; Pakistans voters, disillusioned by perceptions of widespread corruption, stayed away from the polls in droves; and public schools in Washington were alleged to be rife with cronyism and nepotism. Corruption scandals in recent years have also contributed to the downfall of governments in Ecuador, Brazil, Italy, and India. Long-entrenched ruling parties have been weakened, including Japans Liberal Democratic Party and Mexicos Institutional Revolutionary Party. In the United States, two decades after the Watergate scandals prompted new rules regard- ing political contributions and the passage of the Foreign Corrupt Prac- tices Act (FCPA), campaign finance reform has reemerged as a major political issue. The number, variety, and importance of countries experiencing corrup- tion scandals highlight both the complexity of this phenomenon and its prominence as a global issue. When it is pervasive and uncontrolled, corruption thwarts economic development and undermines political le- gitimacy. Less pervasive variants result in wasted resources, increased inequity in resource distribution, less political competition, and greater distrust of government. Creating and exploiting opportunities for bribery 175 Institute for International Economics | http://www.iie.com at high levels of government also increases the cost of government, dis- torts the allocation of government spending, and may dangerously lower the quality of infrastructure. -
The Role and Future of Customary Tort Law in Ghana: a Cross-Cultural Perspective Julie A
University of the Pacific Scholarly Commons McGeorge School of Law Scholarly Articles McGeorge School of Law Faculty Scholarship 2009 The Role and Future of Customary Tort Law in Ghana: A Cross-Cultural Perspective Julie A. Davies University of the Pacific, McGeorge School of Law, [email protected] Dominic N. Dagbanja Ghana School of Law Follow this and additional works at: https://scholarlycommons.pacific.edu/facultyarticles Part of the Comparative and Foreign Law Commons, and the Torts Commons Recommended Citation Julie A. Davies & Dominic N. Dagbanja, The Role and Future of Customary Tort Law in Ghana: A Cross-Cultural Perspective, 26 Ariz. J. Int'l & Comp. L. 303, 303–04 (2009). This Article is brought to you for free and open access by the McGeorge School of Law Faculty Scholarship at Scholarly Commons. It has been accepted for inclusion in McGeorge School of Law Scholarly Articles by an authorized administrator of Scholarly Commons. For more information, please contact [email protected]. THE ROLE AND FUTURE OF CUSTOMARY TORT LAW IN GHANA: A CROSS-CULTURAL PERSPECTIVE Julie A. Davies* & Dominic N. Dagbanja** I. INTRODUCTION Customary law, a set of established norms, practices, and usages derived from the lives of people,1 has thrived in Africa, and in Ghana in particular, for as long as anyone can remember. For many Ghanaians, the rules governing topics such as family law and social relations, succession, and certain dignitary torts are as necessary as air yet just as imperceptible. Indeed, customary law is embedded in and inseparable from the fundamental ethos and values of Ghanaian and other African societies. -
Is Alternative Dispute Resolution a Solution to Interpersonal and Group Conflicts in West Africa? the Case of Ghana
University of Ghana http://ugspace.ug.edu.gh IS ALTERNATIVE DISPUTE RESOLUTION A SOLUTION TO INTERPERSONAL AND GROUP CONFLICTS IN WEST AFRICA? THE CASE OF GHANA BY JULIANA ABOKUMA EDZII 10381116 THIS DISSERTATION IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTER OF ARTS DEGREE IN INTERNATIONAL AFFAIRS LEGON JULY 2018 University of Ghana http://ugspace.ug.edu.gh DECLARATION I hereby declare that except for the references to other people’s work, which have been duly acknowledged, the study presented here was written by me, under the supervision of Dr. Ken Ahorsu. It is a record of my own research and has not been previously presented in any form whatsoever in any application for a Degree elsewhere. All sources of information collected and materials used have been duly acknowledged by means of references and bibliography. ……………………………… ……………………………… Juliana Abokuma Edzii Dr. Ken Ahorsu (Student) (Supervisor) DATE................................ DATE…………………… i University of Ghana http://ugspace.ug.edu.gh DEDICATION I dedicate this work to the Almighty God who has been my Deliverer and my Help in ages past. I also dedicate this work to my awesome parents for their undying support, love and care throughout my entire study period. ii University of Ghana http://ugspace.ug.edu.gh ACKNOWLEDGMENTS I am eternally grateful to God for sending me angels in the form of humans who assisted me through the rough and good times to ensure that I successfully completed the programme. I therefore acknowledge my ever welcoming and intelligent supervisor, Dr. Ken Ahorsu for his dedication, patience, advice and love throughout my research period. -
Corruption and State Instability in West Africa: an Examination of Policy Options
Corruption and State Instability in West Africa: An Examination of Policy Options By Samuel Mondays ATUOBI KAIPTC Occasional Paper No.--, December 2007 1 1. INTRODUCTION Corruption represents a threat “…to the stability and security of societies, undermining the institutions of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law”. – Preamble to the UN Convention on Corruption Since their inception, West African states have been facing corruption as a major problem. In some cases, it has attained levels of gross and egregious theft, for which no possible moral or historical justification can be advanced, and which has played a major role, both in the impoverishment of the region as a whole and specifically in the alienation of its people from their rulers.1 The existence of widespread corruption, especially in societies beset by mass poverty and very high levels of unemployment, has a deeply corrosive effect on trust in government and 2 contributes to crime and political disorder. In the political realm, corruption undermines democracy and good governance by flouting or even subverting formal processes. Corruption in legislative bodies reduces accountability and distorts representation in policymaking; corruption in the judiciary compromises the rule of law; and corruption in public administration results in the unequal distribution of services. More generally, corruption erodes the institutional capacity of government as procedures are disregarded, resources are siphoned off, and public offices are bought and sold.3 At the extreme, unbridled corruption can lead to state fragility and destructive conflict, and plunge a state into “unremitting cycle of institutional anarchy and violence”.4 In as much as corruption destroys the legitimacy of government in the eyes of those who can do something about the situation, it contributes to instability. -
Anuari De La Càtedra Ramon Llull Blanquerna 2019 Ars
2019 εἰρήνη (éirênê) als Testaments dels Dotze Patriarques (TestXIIPa). (Addenda sobre shalom). Rosa M. Boixareu ANUARI DE LA CÀTEDRA RAMON LLULL BLANQUERNA 2019 Liberating intelligence. Breaking away from domination societies – 25 towards new creative democracies. Jaume Agustí-Cullell Influencia de los idealismos griego y alemán en dos conceptos marxistas: alienación e ideología. Ricard Casadesús Antropologia a l’Antic Testament. “Què és l’home perquè te’n recordis?” SL 8,5. Jaume Duran i Navarro Civilització i barbàrie. La tasca cultural en la construcció d’una civilització humanitzada. Albert Llorca Arimany Kwame Nkrumah i el projecte panafricà. Francesc-Xavier Marín i Torné Igor Stravinsky. Un collage. Jordi Membrado Amela 25 25 On the living being of visual creation. Humberto Ortega-Villaseñor Mitos del deporte español. Jordi Osúa Quintana El cuerpo en la filosofía: las etapas del discurso filosófico sobre el cuerpo en occidente. Héctor Salinas Fuentes i Miquel Amorós Hernández «Ya no hay judío ni griego» (Gál 3, 28): la trascendencia cultural de la ciudadanía romana en Pablo de Tarso. José María Sanz Acera El transhumanisme o una societat amb ànima. 2019 DE LA CÀTEDRA RAMON LLULL BLANQUERNA ANUARI José Luis Vázquez Borau Notes on boredom and metaphysics, sociologically framed. Jacobo Zabalo Tolstoi i Zweig, dos pensadors i un destí: la fugida vers la mort. Conrad Vilanou, Clara Domènech i Ferran Sánchez ARS BREVIS Coberta_Ars Brevis_25.indd 1 201929/5/20 10:50 ai159065841459_página flor.pdf 1 28/5/20 11:33 C M Y CM MY CY CMY K Ars_Brevis_25.indd 1 29/5/20 9:53 Ars_Brevis_25.indd 2 29/5/20 9:53 Ars Brevis ANUARI 2019 Càtedra Ramon Llull Blanquerna Barcelona, 2020 Ars_Brevis_25.indd 3 29/5/20 9:53 Ars_Brevis_25.indd 4 29/5/20 9:53 Director Dr. -
The Role of the Supreme Court in the Development of Constitutional Law in Ghana
THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA i THE ROLE OF THE SUPREME COURT IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA by SETH YEBOA BIMPONG-BUTA Submitted in accordance with the requirements for the degree of DOCTOR OF LAW – LLD at the UNIVERSITY OF SOUTH AFRICA PROMOTER PROFESSOR B P WANDA 1 February 2005 ii ABSTRACT The Theme running through this Dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana. The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court’s contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim? The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. -
Overview of Corruption in Ghana
OVERVIEW OF CORRUPTION IN GHANA QUERY SUMMARY We would like to have an overview of corruption Since its return to democratic rule in 1993, Ghana and anti-corruption in Ghana. We would appreciate has made progress in consolidating its democracy to have an analysis on corruption trends and the and is often referred to as a success story of extent to which the anti-corruption system is democratisation in Africa. Several administrations working. since Ghana’s return to multi-party democracy have declared their commitment to curbing PURPOSE corruption. Despite Ghana being portrayed as an example of democracy in Africa, 2013 has been a critical year As a result, the legal framework against corruption for Ghana, i.e. petition court following the elections, has been strengthened and efforts have been fiscal deficit, and more corruption cases reported in made to simplify many bureaucratic procedures in the media, among others. order to make the government more efficient and reduce the risks of corruption. Several anti- CONTENT corruption bodies have been established since the 1. Background 1990s, such as the Commission on Human Rights 2. Overview of Corruption in Ghana and Administrative Justice, the Economic and 3. Anti-Corruption Strategies and Measures Organised Crime Office, the Public Procurement 4. References Authority and the Policy Evaluation and Oversight Unit. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Despite these efforts, there are still important gaps Author(s): Roberto Martínez B. Kukutschka, in the legal framework and the country continues to [email protected] face corruption challenges. For example, the Freedom of Information Law is still pending in Reviewer(s): Marie Chêne, Transparency International parliament and corruption is still widespread. -
Understanding Corruption and How to Curb It a Synthesis of Latest Thinking
U4 Issue 2021:3 Understanding corruption and how to curb it A synthesis of latest thinking By Cecilie Wathne Series editor: Saul Mullard Disclaimer All views in this text are the author(s)’, and may differ from the U4 partner agencies’ policies. Partner agencies German Corporation for International Cooperation – GIZ German Federal Ministry for Economic Cooperation and Development – BMZ Global Affairs Canada Ministry for Foreign Affairs of Finland Ministry of Foreign Affairs of Denmark / Danish International Development Assistance – Danida Swedish International Development Cooperation Agency – Sida Swiss Agency for Development and Cooperation – SDC The Norwegian Agency for Development Cooperation – Norad UK Aid – Foreign, Commonwealth & Development Office About U4 U4 is a team of anti-corruption advisers working to share research and evidence to help international development actors get sustainable results. The work involves dialogue, publications, online training, workshops, helpdesk, and innovation. U4 is a permanent centre at the Chr. Michelsen Institute (CMI) in Norway. CMI is a non-profit, multi-disciplinary research institute with social scientists specialising in development studies. www.U4.no [email protected] Cover photo iStock.com/Peter de Ruiter (CC copyrighted) https://www.istockphoto.com/photo/anti- corruption-box-in-kenya-gm825159092-133723109 Keywords anti-corruption reforms - anti-corruption policy - anti-corruption measures - political economy - donor coordination - governance - citizen engagement - whole-of-government approach Publication type U4 Issue Creative commons This work is licenced under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence (CC BY-NC-ND 4.0) Corruption is complex and resilient and there are limits to what anti-corruption interventions alone can achieve. -
Populism Or Embedded Plutocracy? the Emerging World Order
City University of New York (CUNY) CUNY Academic Works Publications and Research Hunter College 2019 Populism or Embedded Plutocracy? The Emerging World Order Michael Lee CUNY Hunter College How does access to this work benefit ou?y Let us know! More information about this work at: https://academicworks.cuny.edu/hc_pubs/603 Discover additional works at: https://academicworks.cuny.edu This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Draft: Populism or Embedded Plutocracy? Envisioning the Emerging World Order Introduction The liberal world order is in dire straits. The world of moderately open migration, free trade, and free flows of capital that has existed since the 1970s is under attack. Liberal democracies around the world have seen the rise of far-right political parties trading in xenophobia, while attacking traditional liberal institutions. Many political scientists, increasingly committed to country-specific studies, or mid-level theories of small phenomenon are picking up many of these developments, while missing common threads between them. We are bearing witness to systemic changes. After the collapse of the Bretton Woods system in 1971, the United States and its allies in the G-7 constructed a new neo-liberal world order characterized by relatively open migration, free trade, and free flows of capital.1 Today, that order is collapsing in the face of its internal contradictions. Free flows of capital, combined with the privileged position of the American dollar, saddled the global economy with recurrent financial crises. Internally, the implementation of many neoliberal policies (and creation of transnational workarounds) undermined many of the civil society groups vital for broad-based democracy. -
ERCA S Wo Rkin G P Ap
European Research Centre for Anti-Corruption and State-Building Working Paper No. 28 s Political Economy Analysis of Corruption in Ghana Fortune Agbele ERCAS Working Paper April 2011 www.againstcorruption.eu Abbreviations AFRC Armed Forces Revolutionary Council ARIC Audit Report Implementation Committee BTI Bertelsmann Transformation Index CCU Commercial Crimes Unit CDD Center for Democratic Development CHRAJ Commission for Human Right and Administrative Justice CID Criminal Investigation Department CPI Corruption Perception Index CPP Convention People’s Party CSO Civil Society Organization DCE District Chief Executives EOCO Economic and Organized Crimes Office FAA Financial Administration Act FAR Financial Administration Regulation GII Ghana Integrity Initiative GIZ Deutsche Gesellschaft für International Zusammarbeit ICRG International Country Risk Guide IEA Institute for Economic Affairs NPP National Patriotic Party NDC National Democratic Congress PNDC Provisional National Defense Council PAC Public Accounts Committee PPA Public Procurement Act PUFMARP Public Financial Management Reform Program SFO Serious Fraud Office WGI Worldwide Governance Indicator 2 Table of Contents Abbreviations 2 1. Executive Summary 5 Political Context 5 Main Findings 5 Lessons Learnt 6 2. Introduction 7 Theoretical Framework 7 Approaches and Methodology 10 Expert Interviews 10 Structure of Work 11 Limitations 11 3. Control of Corruption 11 Perception Indexes on Ghana’s Corruption Control 11 Ghana’s performance compared to Regional Average 16 4. Diagnosis 20 Neo-Patrimonialism 20 Competitive Particularism 22 Power Distribution 23 Rent and State Ownership 24 Distribution of Public Goods 27 Distinction between the public and private spheres 28 5. Dimensions for Effective Anti-corruption Mechanism 29 Power Discretion 30 Material Resource 32 Constraints 32 Legal Constraints 32 3 Normative Constraints 34 Institutional Constraints 35 6. -
Corruption in Ghana
U4 Helpdesk Answer 2018:21 Overview of corruption and anti- corruption in Ghana Author(s): Kaunain Rahman Reviewer(s): Roberto Martinez B. Kukutschka and Samuel Kaninda Date: 11 September 2018 Ghana is considered to be one of the more stable countries in West Africa, since its transition to multi-party democracy in 1992. Corruption exists in all branches of Ghanaian government, and there is often a lack of accountability. The culprits often enjoy impunity. The judiciary and police are viewed as the most corrupt. However, the creation of the Office of the Special Prosecutor has instilled new hope in Ghana’s anti-corruption efforts. U4 Anti-Corruption Helpdesk A free service for staff from U4 partner agencies Query Please provide an overview of corruption and anti-corruption in Ghana. We are interested in how the role, mandate and in particular the potential of the prosecution service, courts and the Ghana Audit Service might have changed. Contents 1. Background Main points 2. Overview of corruption in Ghana — Widespread corruption exists in 3. Legal and institutional anti-corruption framework Ghana. Sectors worst affected by 4. References corruption include natural resource management, the judiciary and police. Background — There is a need for an all-inclusive Considered as one of the more stable countries in anti-corruption law. West Africa since its transition to multi-party democracy in 1992, the Republic of Ghana became — Courts are commonly perceived to be the first sub-Saharan country in colonial Africa to vulnerable to corruption. gain its independence in 1957 (BBC News 2018; CIA 2018). Ghana's post-colonial life has witnessed — Prosecution of crime is often lengthy the consolidation of the country’s economy, and, in and people often turn to informal the past two decades, it has taken major strides arbitrations. -
A Return to Plutocracy? an Overview of Piketty's Capital in the Twenty-First Century
A return to plutocracy? An overview of Piketty’s Capital in the Twenty-First Century Markus P. A. Schneider Economics Department University of Denver October 28, 2018 Schneider (DU) On Piketty Montview 2018 1 / 27 Outline 1 Major Points 2 Critiques 3 Other Readings Schneider (DU) On Piketty Montview 2018 2 / 27 Economic’s changing focus Classical Economics: Distribution between classes was a central focus (Smith, Ricardo, Marx) late-19th to mid-20th Century: Less “class” focused, but distributional issues remain in focus (Marshall, Keynes, Kuznets) later-20th century: Inequality / Growth Trade-off; Supply-Side Economics (Friedman, Lucas) early-21st century: “We’ve been missing an incredible rise in inequality!” (Piketty / Saez) Financial Crisis & After: Return to an intense focus on inequality / distribution (and maybe class) Schneider (DU) On Piketty Montview 2018 3 / 27 Economic’s ideological spectrum Radical anti-market: Markets are social constructs & encode social power relationship Markets have socially deleterious effects on individuals & society Pro-capitalist market skeptics: Markets offer decentralized solutions to allocation problems Markets require active management to benefit society Pro-capitalist government skeptics: “Government” is necessary to establish & maintain markets “Government” impedes individual freedom & should be minimized Radical pro-market: Market interactions are the pure expressions of individual freedom Markets arise naturally / are “stable” – just don’t mess with them “Government” is unnecessary Schneider