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Fair Measure of the Right to Vote: a Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy
SCHOOL OF LAW LEGAL STUDIES RESEARCH PAPER SERIES PAPER #10-0186 JUNE 2010 FAIR MEASURE OF THE RIGHT TO VOTE: A COMPARATIVE PERSPECTIVE ON VOTING RIGHTS ENFORCEMENT IN A MATURING DEMOCRACY JANAI S. NELSON EMAIL COMMENTS TO: [email protected] ST. JOHN’S UNIVERSITY SCHOOL OF LAW 8000 UTOPIA PARKWAY QUEENS, NY 11439 This paper can be downloaded without charge at: The Social Science Research Network Electronic Paper Collection http://ssrn.com/abstract=1628798 DO NOT CITE OR CIRCULATE WITHOUT WRITTEN PERMISSION OF AUTHOR ———————————————————————————————————— FAIR MEASURE OF THE RIGHT TO VOTE ———————————————————————————————————— Fair Measure of the Right to Vote: A Comparative Perspective on Voting Rights Enforcement in a Maturing Democracy Janai S. Nelson ABSTRACT Fair measure of a constitutional norm requires that we consider whether the scope of the norm can be broader than its enforcement. This query is usually answered in one of two ways: some constitutional theorists argue that the scope and enforcement of the norm are co-terminous, while others argue that the norm maintains its original scope and breadth even if it is underenforced. This Article examines the right to vote when it exists as a constitutional norm and is underenforced by both judicial and non-judicial actors. First, I adopt the position that the scope and meaning of a constitutional norm can be greater than its enforcement. Second, I rely on the argument that underenforcement results not only from judicial underenforcement but also from underenforcement by the legislative and administrative actors that are obligated to enforce constitutional norms to the fullest extent. By employing these two principles, this Article analyzes the underenforcement of the right to vote that has evaded the force of some of the most liberal contemporary constitutions. -
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. -
World Factbook of Criminal Justice Systems
WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS Ghana by Obi N.I. Ebbe State University of New York at Brockport This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Grant No. 90-BJ-CX-0002 from the Bureau of Justice Statistics to the State University of New York at Albany. The project director for the World Factbook of Criminal Justice was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The contents of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. GENERAL OVERVIEW I. Political System. Ghana has a multi-party parliamentary government with an elected President who is both Chief of the executive branch and the Head of State. Ghana has a centralized government with local divisions in eleven regions. There is a single legislature in the country, consisting of the President and the National Assembly. Regional leaders report to the central government in the capital of Accra. The criminal justice system is centralized in that the government has control over the courts, prisons, judges, and police. The Chief Justice of the Supreme Court, the Inspector General of Police, and the Director of Prisons are all appointed by the government and serve the entire country. Ghana is a member of the organization for African Unity (OAU) and a member of Economic Community of West African States (ECOWAS). It joined the British commonwealth in 1960. 2. -
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. -
In the Superior Court of Judicature in the Supreme Court of Ghana Accra, 2011
IN THE SUPERIOR COURT OF JUDICATURE IN THE SUPREME COURT OF GHANA ACCRA, 2011 CORAM: ATUGUBA JSC (PRESIDING) AKUFFO,(MS.) JSC BROBBEY JSC ADINYIRA (MRS) JSC OWUSU (MS) JSC DOTSE JSC BAFFOE-BONNIE JSC ARYEETEY JSC AKOTO-BAMFO,(MRS.),JSC WRIT J1 / 4 / 2010 10TH NOVEMBER,2011 1. MR. SAMUEL OKUDZETO ABLAKWA PLAINTIFFS 2. DR. EDWARD KOFI OMANE BOAMAH VRS 1. THE ATTORNEY-GENERAL 2. HON. JAKE OTANKA OBETSEBI-LAMPTEY DEFENDANTS 1 R U L I N G ------------------------------------------------------------------------------------------------------------- ATUGUBA, J.S.C: By their amended writ dated 30/7/2010 the plaintiffs claim before this court as follows: “1. A declaration that, by virtue of Articles 20(5) & (6), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Minister for Water Resources, Works and Housing in the previous Government of His Excellency, President J.A. Kufuor, did not have the power to direct the sale, disposal or transfer of any Government or public land to the 2nd Defendant or any other person or body under any circumstances whatsoever, and that any such direction for the disposal, sale or outright transfer of the said property in dispute or any public land to the 2nd Defendant was unconstitutional and illegal. 2. A declaration, by virtue of Articles 20(5), 23, 257, 258, 265, 284 and 296 of the Constitution of the Republic of Ghana, 1992, the Government of Ghana is obliged to retain and continue to use in the public interest the property compulsorily acquired for public purpose the parcel of land designated as Parcel No. -
Judicial Independence in an African State
Judicial Independence in an African State Joseph Luna⇤ August 22, 2015 Abstract Judicial independence, that is, the ability for a court to decide cases free from po- litical influence, is an important tenet of democratic governance. This topic, however, is understudied in the African context. Drawing on 540 Supreme Court of Ghana opinions issued between 1960–2005, which span authoritarian and democratic regimes, I apply methods of automated–text analysis to characterize cases covering Court ju- risdiction, property, criminal and civil law. I find evidence that post-1992 Court cases on jurisdiction and civil law exhibit greater adherence to the Constitution of Ghana, plausibly indicating independence from external forces. I. Introduction In 1978, Isaac Kobina Abban nearly died in a car accident involving his vehicle and a military transport.1 Security forces had pursued Abban for several days, charging him with treason against the State of Ghana, crimes that carried the penalty of death. General Ignatius Akyeampong ruled this authoritarian state, and he dispatched his political enemies with abandon. Promising to return Ghana to democratic rule, Akyeampong improved economic growth in Ghana for three years, until the global oil crisis devastated Ghana’s economy. In ⇤[email protected]. Final paper submitted for Government 2002, Fall 2011. Special thanks to members of this class and the reference sta↵at the Harvard Law School Library. Please do not circulate. 1“Justice Abban Was on Acheampong’s Death List.” http://www.modernghana.com/news/46057/1/justice- abban-was-on-acheampongs-death-list.html. 16 December 2003. 1 1978, Akyeampong’s military council held a referendum to determine whether to continue government as a partnership between the military, police and people—the council’s preferred option—or to transition immediately to democracy. -
The Civil Judge in Ghana: Remuneration System and Promotion Possibilities
The Civil Judge In Ghana: Remuneration System And Promotion Possibilities By Justice S. K. Date-Bah* INTRODUCTION The title of this presentation is that proposed by the Konrad Adenauer Stiftung. In the con- text of Ghana, it does not really work, since all judges and magistrates in Ghana are both civil and criminal. The courts established by the Courts Act, 1993 (Act 459) and various Courts Acts dating back to 1960 and the First Republic have usually been vested with both criminal and civil jurisdictions. Under the current 1992 Constitution of the Fourth Republic, only the Regional Tribunals provided for under article 142 of the Constitution have an ex- clusively criminal jurisdiction. These Tribunals in any case have become in practice obso- lete. An examination of the remuneration system and promotion possibilities of judges in Ghana therefore inevitably has to apply to all judges in the country. THE LAW This section provides an overview of the legal framework of the remuneration system for judges in Ghana. Article 71(1) of the 1992 Constitution provides that: “The salaries and allowances payable, and the facilities, and privileges available, to – a) …. b) The Chief Justice and the other Justices of the Superior Court of Judicature; c) …. Being expenditure charged on the Consolidated Fund, shall be determined by the President on the recommendations of a committee of not more than five persons ap- pointed by the President, acting in accordance with the advice of the Council of State.” The purpose of this provision is to ensure independence in the determination of the salary and privileges of superior court Justices in Ghana. -
General Assembly Distr.: General 16 October 2008
United Nations A/63/489 General Assembly Distr.: General 16 October 2008 Original: English Sixty-third session Agenda item 105 (k) and (l) Appointments to fill vacancies in subsidiary organs and other appointments: appointment of the judges of the United Nations Dispute Tribunal; appointment of the judges of the United Nations Appeals Tribunal Report of the Internal Justice Council I. Introduction 1. By its resolutions 61/261 and 62/228, the General Assembly approved the framework for a new system for the internal administration of justice within the United Nations to be introduced as of 1 January 2009. As part of that framework it established the Internal Justice Council to help ensure independence, professionalism and accountability in the new system. In paragraph 37 (b) of its resolution 62/228 the Assembly requires the Council, as one of its primary tasks, to “provide its views and recommendations to the General Assembly on two or three candidates for each vacancy in the United Nations Dispute Tribunal and the United Nations Appeals Tribunal, with due regard to geographical distribution”. 2. The Internal Justice Council derives from a recommendation by the expert Redesign Panel, established by the General Assembly in its resolution 59/283,1 which proposed an entirely new system for the internal administration of justice, in which professional judges would issue binding tribunal decisions in a first-instance United Nations Dispute Tribunal (unlike previous peer review bodies that only had the power to make non-binding recommendations). An appeal would lie to a newly established United Nations Appeals Tribunal, comprising seven highly experienced judges. -
History of Ghana Advisory Board
THE HISTORY OF GHANA ADVISORY BOARD John T. Alexander Professor of History and Russian and European Studies, University of Kansas Robert A. Divine George W. Littlefield Professor in American History Emeritus, University of Texas at Austin John V. Lombardi Professor of History, University of Florida THE HISTORY OF GHANA Roger S. Gocking The Greenwood Histories of the Modern Nations Frank W. Thackeray and John E. Findiing, Series Editors Greenwood Press Westport, Connecticut • London Library of Congress Cataloging-in-Publication Data Cocking, Roger. The history of Ghana / Roger S. Gocking. p. cm. — (The Greenwood histories of the modern nations, ISSN 1096-2905) Includes bibliographical references (p. ) and index. ISBN 0-313-31894-8 (alk. paper) 1. Ghana—History. I. Title. II. Series. DT510.5.G63 2005 966.7—dc22 2004028236 British Library Cataloguing in Publication Data is available. Copyright © 2005 by Roger S. Gocking All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2004028236 ISBN: 0-313-31894-8 ISSN: 1096-2905 First published in 2005 Greenwood Press, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.greenwood.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48-1984). 10 987654321 Contents Series Foreword vii Frank W. Thackeray and John -
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 EVOLUTION of GHANA LAW SINCE INDEPENDENCE WILLIAM BURNETT Haivey*
THE EVOLUTION OF GHANA LAW SINCE INDEPENDENCE WILLIAM BURNETT HAIvEy* INTRODUCTION On March 6, 1957, the British Gold Coast achieved independence in circum- stances that apparently offered a bright future for sovereign, independent Ghana. Since 195i, adroit leaders of a well-organized political party had operated a responsible parliamentary government under British tutelage and reservations of power that was in fact never exercised. A growing body of African civil servants was supple- mented at critical points by expatriate officers whose continued work in Ghana was assured by attractive economic arrangements. The national economy was prosperous, there was no encumbering debt, and the young government could plan national development fortified by large foreign exchange reserves. Independence was cele- brated under a warm aura of goodwill toward the former colonial masters who in turn regarded the infant state as the vindication of decades of colonial administration in sub-Saharan Africa. Since 1957, numerous other areas in Africa have achieved independence, but for many reasons Ghana has kept its position in the limelight. Its domestic problems, great and small, have occupied the world press which, unfortunately, has not always coupled its freedom to report with responsibility. On the international scene, Ghanaian activism has from time to time touched raw Cold War nerve ends, and Ghana like many of the new countries has felt the need of constant vigil to avoid becoming a mere pawn in the great East-West struggle. Much of Ghana's post-independence development is of great interest, but this paper is limited to the evolution of its legal order.