Constitutional Law: Volume 2 Lecture Notes

Flashcards covering key constitutional articles, landmark legal cases, prerogative remedies, and the structure of the Ghanaian government as outlined in Constitutional Law Volume 2.

Article 12

States that human rights are inherent and dynamic, enshined in the constitution rather than granted by the government or the Republic of Ghana.

Article 2(4)

Constitutes a high crime for the President or Vice-President to fail to obey an order from the Supreme Court, serving as a ground for removal from office.

Article 57

Defines the President as the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces of Ghana.

Article 298

Provides for residual powers of Parliament to deal with matters where there is no express provision in the constitution, provided the Act is not inconsistent with the constitution.

Wari v. Ofori-Atta

A case establishing that an Act passed in contravention of procedural requirements specified by the constitution is null, void, and unconstitutional.

Shalabi v. AG

Held that citizenship once conferred can only be lost through processes specifically stated in the conferring instrument and not by ambiguity.

Captan v. AG

Ruled that the issuing of a certificate is a necessary prerequisite to naturalization and lies at the discretion of the Executive.

Awoonor Williams v. Gbedemah

A Supreme Court case holding that findings of a Commission of Enquiry can disqualify an individual from being a member of the National Assembly.

Akainyah v. Republic

Clarified that a Commission of Enquiry is a purely fact-finding body and does not have the power to pronounce legal guilt or acquittal like a court.

NPP v. AG (C.I.B.A. case)

Established that both natural persons and corporate bodies have the capacity to bring an action in the Supreme Court for constitutional enforcement under Article 2(1).

Nominal Defendant

Referring to the Attorney General, who acts as the legal representative of the state in all non-criminal actions brought against the Republic.

Kwakye v. AG

A case where the Supreme Court interpreted the term "purported judicial action" to include actions that merely have the outward appearance of a legal proceeding.

Certiorari

A prerogative writ used to nullify or quash a decision made by an inferior body, statutory person, or tribunal.

Prohibition

A prerogative writ used to restrain or prevent a statutory body or inferior tribunal from performing an act considered unlawful in the future.

Mandamus

A public law remedy used to compel a public body or official to perform a public duty that it has failed to discharge.

Quo Warranto

A prerogative writ issued to restrain a person from acting in a public office to which they are not entitled, inquiring by what authority they act.

Habeas Corpus

A remedy used to challenge the legality of a person's detention, requiring the detaining body to justify why the person is being held.

Ex parte Quaye Mensa

A case where the Court of Appeal departed from previous rulings by holding they could inquire into the grounds of detention even when the state claims interest of national security.

Injunction

An equitable remedy requiring a person to do (mandatory) or refrain from doing (prohibitory) certain specified acts.

Declaration

An authoritative statement by a court specifying the legal relationship or the state of the law regarding a particular matter.

Bond of 1844

A series of friendship treaties between British officials and coastal chiefs which Nkrumah used to justify the date for Ghana's independence on March 6th.

Elective Principle

First introduced in the 1925 Constitution, allowing for the first time that some members of the Legislative Council be elected.

Sempapanyin

The indigenous name used in the 1969 Constitution to refer to the President.

Article 127

Ensures the independence of the judiciary through security of tenure, impartial decision-making, and financial autonomy via the consolidated fund.

Chief

Under Article 277, a person from the appropriate family/lineage, validly nominated, elected, and enstooled, enskinned, or installed according to customary law.

CHRAJ

The Commission on Human Rights and Administrative Justice, which functions as an Ombudsman, human rights commission, and anti-corruption agency.

First Past the Post System

An electoral system under Article 50 where the candidate who receives the simple majority of votes wins the election.

Fiat Justicia

A historical requirement meaning "Let Justice Be Done," where permission was needed from the Crown to bring a petition of rights; abolished in Ghana by Act 555.

Section 10 of Act 555

Mandates that anyone intending to institute a civil action against the state must serve a written notice to the Attorney General at least 30 days prior.

Act of State

Actions carried out by a state in its foreign affairs that are generally outside the jurisdiction of domestic courts.

NPP v. GBC

A case holding that Article 163 mandatorily requires state-owned media to afford fair opportunities for presentation of divergent views.

J.H. Mensah v. AG

Supreme Court held that a Minister's term ends with the President who appointed them, requiring new parliamentary approval for retained ministers.

Article 135

Grants the Supreme Court exclusive jurisdiction to determine whether official documents are prejudicial to state security and should be withheld from court.

Article 174

Prohibits the imposition of taxation except by or under the authority of an Act of Parliament.

Entrenched Provisions

Constitutional clauses that require a special amendment process involving the Council of State, Gazette publication, and a referendum.