Ghana Social Science Journal, Volume 16, Number 1, June, 2019 ISSN 0855-4730 Attributions License 4.0
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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. -
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. -
T He S Ta Te and T He D Ev Elo P M En T O F S M a Ll-S C a Le in D U Stry in G Hana Sin Ce C
R a jiv B a l l The State and The Developm ent of Sm all-scale Industry in Ghana since c.1945 A T h e s i s s u b m i t t e d f o r F i n a l E x a m i n a t i o n f o r t h e De g r e e o f D o c t o r o f P h i l o s o p h y De p a r t m e n t o f E c o n o m ic H is t o r y L o n d o n S c h o o l o f E c o n o m ic s a n d P o l it ic a l S c ie n c e S e p t e m b e r 1997 UMI Number: U615B61 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U615361 Published by ProQuest LLC 2014. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. -
The Role and Future of Customary Tort Law in Ghana: a Cross-Cultural Perspective
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. The source of its legal validity is the cultural expression of the particular society where it is practiced. Although under colonial rule customary law was sometimes questioned or even rejected by colonial courts, in modern Ghana it is recognized as part of the laws of the country in the Constitution of the Republic of Ghana (“1992 Constitution”).2 Yet Ghana, like many other countries * Professor of Law, University of the Pacific, McGeorge School of Law. We appreciate the financial support of the University of the Pacific and the insightful and careful research of Daniel Vandekoolwyk, Class of 2010. Professor Kojo Yelpaala suggested that this topic merited study, and a small chapter on it is included in JULIE A. DAVIES & PAUL T. HAYDEN, GLOBAL ISSUES IN TORT LAW (2008). We benefitted from the comments and suggestions of Professor Kojo Yelpaala of Pacific-McGeorge and Professor Fatou Kiné Camara, of Université Cheikh Anta Diop de Dakar, Senegal. We are also grateful to the staff of the Library of Congress (at Jefferson and Madison) for their support in the identification of the relevant sources of literature. -
The Role of the Supreme Court in the Development of Constitutional Law in Ghana
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Unisa Institutional Repository 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. -
Democracy Watch 21
Democracy Watch Vol. 6, Nos. 3&4 September-December 2005 1 A quarterly newsletter of the Ghana Center for Democratic Development 21 Democracy Watch Volume 6, Nos. 3&4 September-December 2005 IN THE ANNALS OF GOVERNANCE ISSN: 0855-417X with enormous national and international The state of governance goodwill. It also brought with it popular in 2005 expectation that, this being the In this issue President’s last term in office, Ghanaians would see more “Positive Change” as E The state of governance in 2005 resident Kufuor has famously P the Kuffuor Administration strives to ........ Page 1 declared “good governance” as one of the key themes and goals of his leave an enduring and memorable legacy E Prioritizing the presidency versus administration. Beginning in its first in the area of good governance. The wasting resources on developmentally President validated these expectations dubious causes ........ Page 4 term, the Kufuor-NPP administration has taken a number of very well- when, in both his inaugural speech and received initiatives to enhance good his Sessional Address at the opening of Parliament, he unveiled an agenda for E Ghanaian public office holders remain governance, notable among them, the impervious to conflicts of interest? his last term centered on three themes: ....... Page 4 2001 statutory repeal of the criminal libel, and the periodic “Peoples’ Human Resource Development; Good Governance; and Private Sector E Policy formulation gone wayward? Assembly” and the “Meet the Press” ....... Page 6 encounters. These initiatives have Development. created an environment highly ...procurement irregularities E Promoting and protecting fundamental supportive of media freedom and “ human rights under the 4th Republican independence and more governmental continued to persist despite the Constitution – balancing competing openness and accountability. -
Chief Justice: the Rise of Female Leaders in the Judiciary in Africa Josephine Dawuni Howard University, [email protected]
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Faculty Publications: Political Science Political Science, Department of 2015 Her Ladyship Chief Justice: The Rise of Female Leaders in the Judiciary in Africa Josephine Dawuni Howard University, [email protected] Alice Kang University of Nebraska - Lincoln, [email protected] Follow this and additional works at: http://digitalcommons.unl.edu/poliscifacpub Part of the African Studies Commons, Comparative Politics Commons, Legal Studies Commons, and the Public Affairs, Public Policy and Public Administration Commons Dawuni, Josephine and Kang, Alice, "Her Ladyship Chief Justice: The Rise of Female Leaders in the Judiciary in Africa" (2015). Faculty Publications: Political Science. 70. http://digitalcommons.unl.edu/poliscifacpub/70 This Article is brought to you for free and open access by the Political Science, Department of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Faculty Publications: Political Science by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Published in Africa Today 62:2 (2015), pp. 45–69. Copyright © 2015 Josephine Dawuni and Alice Kang. Published by Indiana University Press. Used by permission. digitalcommons.unl.edudigitalcommons.unl.edu Her Ladyship Chief Justice: The Rise of Female Leaders in the Judiciary in Africa Josephine Dawuni and Alice Kang Abstract In recent years, women have been selected as leaders of African judiciaries. This ar- ticle identifies where and when women have become chief justices and presidents of constitutional courts from 1990 to 2014. We profile women from three civil-law and three common-law countries and find that the women selected meet or exceed the requirements for holding the highest position in the judiciary. -
Catholic Bishops of Ghana
CATHOLIC BISHOPS OF GHANA His Excellency Most Rev. Jean Marie Speich APOSTOLIC NUNCIO TO GHANA Born: Strasbourgh, France 15th June, 1955 Ordained Priest : 9th October 1982 Ordained Archbishop: 24th October 2013 Most Rev. Matthias Nketsia ARCHBISHOP OF CAPE COAST Born: Kakumdo, C/R 14th April 1942 Ordained Priest: 19th July 1970 Ordained Bishop: 3rd February,2007 Installed Archbishop of Cape Coast: 31st May, 2010 Present Position: Juridical Matters Email: [email protected] Most Rev. Charles Gabriel Palmer-Buckle ARCHBISHOP OF ACCRA Born: Axim, W/R, 15 June 1950 Ordained Priest: 12 December 1976 Ordained Bishop of Koforidua: 6 January 1993 Enthroned Archbishop of Accra: 28 May 2005 Present position: Laity & Youth E-mail: [email protected] Most Rev. Philip Naameh ARCHBISHOP OF TAMALE Born: Nandom-Ko, UW/R 8th September, 1948 Ordained Priest: 16th December, 1977 Ordained Bishop: 28th May, 1995 Enthroned Bishop of Damongo: 4th June, 1995 Appointed Archbishop of Tamale: 12th February., 2009 Present position: Inter-religious Dialogue E-mail:[email protected];[email protected] Most Rev. Gabriel Justice Yaw Anokye ARCHBISHOP OF KUMASI Date of Birth: 27th May, 1960 1 Place of Birth: Emmena, Ashanti Priestly Ordination: 16th July, 1988 OrdainedBishop:30thOctober,2003 Auxiliary Bishop of Kumasi: 30thOctober, 2003–4thMarch, 2008 Appointed bishop of Obuasi: 26th March, 2008 Installed Bishop of Obuasi: 4th May, 2008 Appointed Archbishop of Kumasi :15th May, 2012 Installed Archbishop of Kumasi : 14th July, 2012 Received his Pallium : 1st December, 201 [email protected] Most Rev. Francis A. K. Lodonu BISHOP OF HO Born: Hohoe, V/R 19th November,1937 Ordained Priest: 18th May, 1964 Ordained Auxiliary Bishop: 29th June, 1973 Enthroned Bishop: 15th August, 1976 E-mail: [email protected] Most Rev. -
Africa Yearbook
AFRICA YEARBOOK AFRICA YEARBOOK Volume 4 Politics, Economy and Society South of the Sahara in 2007 EDITED BY ANDREAS MEHLER HENNING MELBER KLAAS VAN WALRAVEN SUB-EDITOR AMIN KAMETE LEIDEN • BOSTON 2008 This book is printed on acid-free paper. ISSN 1871-2525 ISBN 978 90 04 16805 3 Copyright 2008 by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Hotei Publishing, IDC Publishers, Martinus Nijhoff Publishers and VSP. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA. Fees are subject to change. PRINTED IN THE NETHERLANDS Contents i. Preface ........................................................................................................... vii ii. List of Abbreviations ...................................................................................... ix iii. Factual Overview ........................................................................................... xiii I. Sub-Saharan Africa (Andreas Mehler, Henning Melber & Klaas van Walraven) ............................................................................................... -
Towards an Inclusive Vision of Law Reform and Legal Pluralism In
TOWARDS AN INCLUSIVE VISION OF LAW REFORM AND LEGAL PLURALISM IN GHANA by Ama Fowa Hammond A THESIS SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY in The Faculty of Graduate Studies and Postdoctoral Studies (Law) THE UNIVERSITY OF BRITISH COLUMBIA (Vancouver) August 2016 © Ama Fowa Hammond, 2016 Abstract In post-colonial Ghana, some rules of customary law have been criticised as being inimical to the rule of law and to socioeconomic development. As such, customary law has been a key focus of legal reform. There has been resistance to law reform efforts, especially from communities in rural areas because the state and customary legal systems have failed to reconcile their perceptions of law and legal responsibilities. Taking these legal conflicts as its starting point, this dissertation explores the mechanisms for effective reforms of customary law in a legally plural Ghana. One key objective is to consider the types of legal reforms that might be agreeable to rural dwellers in ways that ensure compliance with state law. Drawing on legal pluralism as a guiding framework for analyzing the relationship between state and customary legal systems, and focusing on intestate succession as one concrete example, I argue that in order for legal reforms to be embraced, especially by rural dwellers, the state must adopt an inclusive vision of law reform, by modifying the machinery of law reform to meet the particular needs of its people. In the context of intestate succession, I argue that the courts should be given discretion, based on suggested guidelines, to vary the extended family’s portion of intestate property. -
B6-WEEK4-NOTES Term-3
SAMPLE LESSON NOTES-WEEK 4 BASIC SIX Fayol Inc. 0547824419/0549566881 SCHEME OF LEARNING- WEEK 4 BASIC SIX Name of School…………………………………………….……………………….………………… Week Ending Class Six Subject ENGLISH LANGUAGE Reference English Language curriculum Learning Indicator(s) B6.1.7.1.5. B6.2.6.4.2. B6.3.9.1.1. B6.4.13.2.4 B6.5.9.1.1. Performance Indicator A. Learners can express own opinions about the details of texts B. Learners can recognize the playful use of words in spoken and written language C. Learners can use modals to express a variety of meanings D. Learners can provide a concluding statement that follows from argument presented and pose a rhetorical question on the topic. E. Learners can identify subjects and verb in complex sentences Teaching/ Learning Resources Word cards, sentence cards, letter cards and a class library Core Competencies: Reading and Writing Skills Personal Development and Leadership and Collaboration DAYS PHASE 1: STARTER 10 PHASE 2: MAIN 40MINS PHASE 3: REFLECTION MINS (New Learning Including 10MINS (Preparing The Brain For Assessment) (Learner And Teacher) Learning) Monday Have learners recite familiar A.ORAL LANGUAGE Give learners task to rhymes. (Listening Comprehension) complete while you go round the class to support those I LOVE LITTLE PUSSY In pairs or groups, learners share the who might need extra help. I love little pussy, knowledge acquired from details of a Her coat is so warm, story, drama or text heard. Have learners to read and And if I don’t hurt her, spell some of the keywords She’ll do me no harm, Put learners into groups to express in the lesson So I’ll not pull her tail, Nor drive her away, personal opinions about details of But pussy and I, texts.