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The Legal System Of Ghana

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The Ghana Legal System

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Author : E. K. Quansah
language : en
Publisher:
Release Date : 2011

The Ghana Legal System written by E. K. Quansah and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Courts categories.

The Legal System Of Ghana

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Author : Samuel O. Gyandoh
language : en
Publisher:
Release Date : 1984

The Legal System Of Ghana written by Samuel O. Gyandoh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Law categories.

Ghana Legal System

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Author : University of Ghana. Faculty of Law
language : en
Publisher:
Release Date : 1973

Ghana Legal System written by University of Ghana. Faculty of Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Courts categories.

Ghana Justice Sector And The Rule Of Law

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Author :
language : en
Publisher:
Release Date : 2007

Ghana Justice Sector And The Rule Of Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Justice, Administration of categories.

Ghana: Justice Sector and the Rule of Law provides a comprehensive review of the justice sector in Ghana. It includes chapters on the legal and institutional framework, management and oversight mechanisms, criminal justice and access to justice. The review is an essential resource for all actors interested or involved in justice sector issues in Ghana.

Customary Arbitration In The Legal System Of Ghana

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Author : G. Koranteng-Addow
language : en
Publisher:
Release Date : 1972

Customary Arbitration In The Legal System Of Ghana written by G. Koranteng-Addow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1972 with Arbitration and award categories.

Customary arbitration, as the name suggests, is arbitration held in accordance with customary law or usage. It is distinguishable from arbitration regulated by statute law. It is akin to the English Common Law arbitration; but it differs from it in the sense that whereas the common law arbitration is founded on the principle of contract, that is to say, on a formal agreement between the parties in which they stipulate that the award should be final and binding, customary arbitration has no such contractual foundations. Some suggestions have been made to the effect that beyond a certain point in their progress customary arbitral proceedings become obligatory and binding as a result of an inferred agreement on the part of the parties. The present writer does not subscribe to that theory. It is his contention that this basic assumption is false and that all the other derivatives and subsidiary principles based on it are equally false. In Ghana' there are 2 main types of arbitration obtaining and running parallel. There are: (1) Customary Arbitration (the subject-matter of this enquiry), and (2) The English-type of arbitration: (a) Arbitration under the Arbitration Acts and arbitrations set in motion by reference by the High Court, and (b) English Common Law Arbitration. The principles of these two different concepts have been confused in their application and this has, in the view of the present writer, often caused hardship and injustice. Since the procedure of customary arbitration is a very useful adjunct to the administration of justice through the ordinary courts of law, it is the aim of this monograph to investigate and sort out these principles and help bring sanity to the otherwise chaotic situation brought about by this confusion. Beside the Introduction (which states the problems) and the conclusion, the work is divided into 5 parts. PART I deals with the judicial system of Ghana and the place of customary arbitration in it. PART II defines the subject. It deals with the nature of customary arbitration. Chap.3 traces the origin of the term 'arbitration', describes the arbitral forum and distinguishes it from the erstwhile native court. It also defines the concept by differentiating it from negotiations for settlement and shows that it is the process of settlement out of court by the method of adjudication. PART III further analyses the concept by comparison with other institutions. Chapter distinguishes it from the English-type of arbitration. Chapter 5 contrasts customary arbitration and its methods with the native court and its procedures. Chapter 6 contrasts customary arbitration with Family Meeting which in some respects has some common characteristics with it. PART IV deals with the general judicial approach to the concept. Chapter 7 deals with the so-called essentials of customary arbitration. Chapters 8, 9, 10 and 11 take and examine those essentials individually. PART V deals with the judicial approach to specific problems. Chapter 12 tries to answer the question as to whether the decision of the customary arbitrator is a res judicata. Chapter 13 deals with the problem as to whether the decision is legally binding under the customary law. Chapter 14. discusses the vexed question as to whether a party to customary arbitration can ever resile once he has embarked on the proceedings. Chapter 15 discusses the question of enforceability of the award of the customary arbitrator. Chapter I6 is the conclusion. In it answers are provided for two important questions (1) whether in view of the arguments put forward there is need for the procedure of customary arbitration and (2) whether customary arbitration is to be regulated by legislation. The Method of Approach In this effort the present writer has done original research by travelling extensively in Ghana to find out from the indigenous people what the true custom is; by reading all the modem cases on the subject which are reported and those unreported but available in the records of the courts; by going through the earlier court records that can be found in the National Archives in Ghana; by reading through any other material bearing on the subject that could be found in libraries and archives in London. The court records read cover the early period of the Judicial Assessors (i.e., the period before the establishment of the Supreme Court) and, also, the period after the setting up of the Supreme Court, extending from 1876 to the present. On the purely theoretical aspects, the writer has consulted the writings of various learned writers on law - especially the works of writers on African law.

Impacts Of Mob In Justice On The Rule Of Law In Ghana

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Author : Mawuloe Koffi Kodah
language : en
Publisher: GRIN Verlag
Release Date : 2012-02-15

Impacts Of Mob In Justice On The Rule Of Law In Ghana written by Mawuloe Koffi Kodah and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-15 with Political Science categories.

Research Paper (undergraduate) from the year 2012 in the subject Politics - Region: Africa, , course: Governance and Public Policy, language: English, abstract: This paper studies the practice of mob violence in the name of justice, and its implication to the rule of law in Ghana. The study is divided into three major part parts. The first part examines a number of conceptual issues of justice which serve as framework for the study. The second part evaluates a number of possible causes that elicit recourse to mob violence as a way of seeking equity and fairness. It also brings out the possible impacts of the practice on the rule of law, good governance and sustainable democratic development in Ghana. The paper rejects mob violence, “mob justice”, as an acceptable way of seeking justice, in the third part. This is done, taking cognizance of the conceptual framework set at the beginning. In effect, the paper turns the paradigm upside down, thus making of “mob justice” mob injustice. Consequently, the paper makes a number of recommendations that should be considered in an attempt to put an end to the practice in order to uphold the supremacy of the rule of law needed for the entrenchment of democracy and good governance in Ghana.