Legal Systems

Notes

Cases
Resources
Introduction to Legal Systems

This note will discuss the meaning of a legal system and the most common legal systems in the world.

The Common Law

Ghana is said to be a common law country. This note will discuss the meaning and characteristics of the common law and the relationship between judicial decisions and the common law.

History of the Common Law

The development of the common law is often tied to various events and periods that happened in England. For the purpose of simplifying the history of the common law, we shall examine the following periods: 1. Anglo-Saxon period of English law; 2. The Norman conquest; 2. Reign of King Henry I and King Henry II; 4. The development of precedent and the doctrine of stare decisis; 5. Development of the writ system.

Meaning, Characteristics, and Functions of Law

This note will explore several scholarly definitions of law, discuss seven characteristics of law, and three functions of law.

Introduction to Sources of Law

Provides a high level introduction to the sources of law. Includes discussion of constitution, legislation, common law and equity, customary law etc

The 1992 Constitution as a Source of Ghanaian Law

This note, using the provisions in Article 11(1) of the constitution, discusses the constitution as the supreme source of Ghanaian law

Enactments of Parliament as a Source of Ghanaian Law

The Parliament of Ghana is recognized as a source of Ghanaian law in Article 11(1)(b) of the 1992 constitution.

Orders, Rules, and Regulations as a Source of Law in Ghana

This note will discuss orders, rules, and regulations as a source of law in Ghana. In doing so, the note will discuss the instruments by which orders, rules, and regulations can be made and how those instruments come into force. The instruments to be discussed are constitutional and statutory instruments. Under statutory instrument, the note will further distinguish two types of instruments: an executive instrument and a legislative instrument.

Existing Laws as a Source of Ghanaian Law

In article 11(1)(d) of the 1992 Constitution, the Existing Law is recognized as a source of Ghanaian law.

Other Sources of Ghanaian Law

Discusses the common law in Ghana, customary law in Ghana, and Islamic law as a form of customary law

Civil Procedure in Ghana

A discussion of civil procedure: how to initiate civil proceedings, high court rules, ...

Introduction to the Administration of Justice

Discusses the Judiciary in Ghana, jurisdiction, functions of the courts, removal of Justices of the Superior Courts (Articles 125, 126, 146)

Administration of Justice: The Supreme Court of Ghana

This note discusses the history, composition, and jurisdiction of the Supreme Court of Ghana.

Administration of Justice: Court of Appeal

This note discusses the Court of Appeal in Ghana in terms of composition and jurisdiction.

Administration of Justice: The High Court in Ghana

This note discusses the High Court of Ghana in terms of composition and jurisdiction.

Administration of Justice: The Lower Courts

This note will discuss the Circuit Court, the District Court, and the Juvenile Court in Ghana, as established under the Courts Act, 1993 (Act 459), which was an Act to, among others, “establish lower courts and tribunals, provide for their composition and jurisdiction.”

Appointment of Justices and Judicial Officers in Ghana

This note will discuss the processes and authorities involved in appointing justices of the Superior Courts and judicial officers.

Vacation of Office of Justices of the Superior Courts and Judicial Officers

This note will discuss how justices of the Superior Courts, Chairmen of Regional Tribunals, and judicial officers may leave office. The ways to be discussed are retirement, resignation, and removal.

Introduction to Criminal Procedure in Ghana

This note serves as an introduction for the next three notes. Includes power of prosecution, ways of initiating criminal proceedings, key principles of the criminal procedure in Ghana.

Bail in Ghana

This note is part of the broader note on criminal procedure in Ghana and discusses the various provisions concerning bail in Ghana

Trial in Ghana

Trial is a central aspect of the criminal procedure. This note discusses the trial of criminal offences in Ghana. Includes arraignment, conduct of trials, types of trials, pleas and types,

Punishment in Ghana

As part of the criminal procedure, offenders must be punished. This note discusses imprisonment, death, fine, probation, reparation as forms of punishment.

Rights of the Accused in Ghana

This note, using the provisions in Article 19 of Ghana's constitution, discusses the rights accused persons have in a criminal trial

Introduction to Alternative Dispute Resolution (ADR)

In Ghana, the judiciary is vested with final judicial authority to entertain both civil and criminal disputes (suits). This note will discuss an alternative way of resolving disputes between two or more parties other than through the judiciary. This alternative way is often referred to as alternative dispute resolution and has been statutorily recognised by the Alternative Dispute Resolution Act, 2010 (Act 798).

Arbitration as a Form of Alternative Dispute Resolution in Ghana

This note will discuss the meaning of arbitration as a form or means of resolving disputes outside the normal trial process. In addition, the note will discuss salient characteristics of arbitration, how an arbitration may be triggered, and the advantages and disadvantages of arbitration.

Mediation as a Form of Alternative Dispute Resolution in Ghana

This note will discuss the meaning of mediation as a form or means of resolving disputes outside the normal trial process. In addition, the note will discuss salient characteristics of mediation, how an mediation may be triggered, and how it may be terminated, among others.