Administrative Law Review: Ghana

Flashcards covering administrative law concepts, definitions, and applications in Ghana, based on lecture notes for exam preparation.

To what extent is Ghana considered an administrative state?

Ghana is considered an administrative state to a very large extent because the state provides essential services to citizens through institutions and officials, which requires administrative law to regulate. Governance and delivery of public goods rely on administrative bodies, institutions, and discretionary powers working within the framework of law.

What are the two types of sovereignty?

Political sovereignty refers to the supreme power of the people in whom sovereignty resides (1992 Constitution, Art. 1(1)), while legal sovereignty refers to the supreme authority of the Constitution and law-making bodies, recognized by law as final (Art. 1(2)).

What is the narrow and broader definition of a constitution?

The narrow definition of a constitution sees it as the written fundamental legal document (e.g., the 1992 Constitution of Ghana, Art. 1(2)) that regulates government powers. The broader definition includes not only the written constitution but also customs, conventions, judicial decisions, and subsidiary laws that influence governance.

What is constitutionalism?

Constitutionalism is the idea that government must operate within the limits of the Constitution and the rule of law. It requires the supremacy of the Constitution (Art. 1(2)), separation of powers, judicial review, and protection of citizens’ rights to prevent abuse of power.

What is the practical definition of law?

The practical definition of law is that it is an instrument for the generation and distribution of resources, and for resolving disputes arising from this process. These resources include physical, human, and intangible resources.

Explain Certiorari and its implication.

Certiorari quashes unlawful decisions, protecting against ultra vires actions. Its implication is that it ensures decisions made beyond jurisdiction, unreasonably, or in violation of natural justice are declared void, protecting citizens from unlawful administrative actions.

Explain Mandamus and its implication.

Mandamus compels performance of a public duty, preventing neglect. Its implication is that it prevents public officials from neglecting legal duties, for example, compelling an official to issue a license despite their refusal when requirements are met.

Explain Quo Warranto and its implication.

Quo Warranto challenges unlawful occupation of public office, ensuring legitimacy. Its implication is that it prevents unlawful occupation of public office, ensuring only those with legitimate authority exercise power.

Explain Injunction and its implication.

Injunction stops or compels an act, preventing harm or abuse. Its implication is that it prevents abuse of power or irreparable harm, for example, stopping an unlawful demolition by a public body.

Explain Habeas Corpus and its implication.

Habeas Corpus ensures a detained person is brought before court, protecting liberty. Its implication is that it protects the fundamental right to personal liberty, preventing unlawful or arbitrary detention by state authorities.

What is the broader definition of administrative law?

The broader definition of administrative law goes beyond controlling government power. It is the body of rules, principles, and practices regulating how public authorities exercise their powers, organize, and perform functions, while also ensuring good governance and protecting citizens’ rights.

What is discretionary power?

Discretionary power is the legal authority given to an individual or institution to decide whether to act or not, and how to act, within the limits of the law. As Wade notes, “all legal power is discretionary in nature.”

What are the functions of the legislature?

The legislature (Parliament) makes laws and performs oversight. Functions include: Making laws, Representing the people, Controlling public finances, Approving appointments, and Exercising oversight of the executive.

What is Aristotle’s definition of law?

Aristotle gave a classical definition: “Law is reason unaffected by desires.”

How does Wade define administrative law?

Wade defines administrative law as “the law relating to the control of governmental power” and also as “the body of general principles which govern the exercise of powers and duties by public authorities.”

What are the three aspects of administrative law?

Administrative law operates at three levels: 1. Between Public Institutions, 2. Between Public Institutions and Individuals, 3. Between Individuals.

What are the two duties performed by the Vice President of Ghana?

The Vice President (1) assists the President in the performance of his functions (Art. 60(1)) and (2) acts as President when the President is absent, resigns, incapacitated, or dies (Art. 60(6)).

What are the two principles of natural justice?

The two principles of natural justice are: 1. Nemo judex in causa sua (no one should be a judge in his own cause), which prevents bias in decision-making. 2. Audi alteram partem (hear the other side), which ensures fairness by giving all parties an opportunity to be heard.

According to the Social Contract theory, to what extent is Ghana considered as an Administrative State?

According to the Social Contract theory, citizens surrender some rights to the state in exchange for protection and welfare. In Ghana, the state provides 'law and order, education, health care, security, water, electricity', which signifies it is an administrative state.

What are the pressing challenges hindering Ghana’s Fourth Republican Parliament's effectiveness as an Administrative State?

Challenges include: Executive dominance over Parliament, Lack of adequate resources for parliamentary work, Politicization of legislative duties, and Weak oversight functions.

State and explain the two types of executives.

The two types of executives are: Parliamentary Executive – where the executive is drawn from the legislature and there is a close link between the two (e.g., UK system). Presidential Executive – where the executive is separate from the legislature with powers separated (e.g., Ghana and USA).

What is popular sovereignty in the context of the social contract?

Popular sovereignty means the ultimate power of the state rests with the people. The 1992 Constitution affirms: “The sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised…” (Art. 1(1)).

What are institutions?

Institutions are structured organizations defined as “bodies established by the Constitution or statutes to perform public functions and duties” that exercise authority and perform functions of the state.

What is the composition of the Superior Courts in Ghana?

According to Article 126 of the 1992 Constitution, the Superior Courts of Judicature consist of: the Supreme Court, the Court of Appeal, the High Court, and Regional Tribunals.

What are the concerns of administrative law according to Wade?

Wade identifies administrative law’s concern as “The law relating to the control of governmental power” and is also concerned with “the protection of citizens against abuse of power and the improvement of governance.”

What is the essence of administrative law as explained by De Smith?

De Smith explains that administrative law relates to: “The organisation, composition, functions and procedures of public authorities, the limits of their powers, the methods by which they are controlled, and the legal liabilities to which they are subject.”

State five independent executive bodies in Ghana.

Article 70 of the 1992 Constitution establishes independent bodies that assist in governance. Five examples are: Electoral Commission (EC), Commission on Human Rights and Administrative Justice (CHRAJ), National Commission for Civic Education (NCCE), National Media Commission (NMC), and Public Services Commission (PSC).

Distinguish between Constitutional Law and Administrative Law.

Constitutional Law is the supreme body of law that defines the structure, powers, and limits of government (1992 Constitution, Art. 1(2)). Administrative Law is the branch of public law that controls how administrative/executive power is exercised and ensures fairness.

Explain Procedural Review in the context of the citizenry.

Procedural review checks whether a public authority followed the correct legal process in making decisions. “A decision may be quashed if the procedure adopted was contrary to law or breached the rules of natural justice.”

What is Contempt of Court?

Contempt of Court is any act that disrespects or obstructs the authority, dignity, or proceedings of a court. It is defined as “conduct that tends to bring the authority and administration of law into disrespect or disregard, or to interfere with the due course of justice.”

State five functions of an administrative State.

According to the notes, a state performs these functions: Maintains law and order, Promotes and protects the welfare of citizens, Provides social amenities (water, education, electricity, etc.), Protects its citizens from internal and external aggression, and Promotes and protects the rights of its citizens.

What are the challenges facing administrative agencies and the solutions to overcome them?

Challenges include: Political interference, Lack of adequate resources, Corruption, Overlapping functions, and Limited accountability. Solutions include: Strengthening institutional independence, adequate funding, enforcing transparency, and ensuring judicial/parliamentary oversight.

Explain the statement: “The monstrosity of Law is best purged through Administrative Law.”

This statement means that law can become oppressive or overly rigid if unchecked. Administrative law “purges” this by ensuring fairness, accountability, and protection against abuse of power. As Wade states, “Administrative law is the law relating to the control of governmental power,” and Smith adds it concerns “the limits of public authority and the methods by which they are controlled.”