Sources of Law in Ghana

A collection of flashcards summarizing key concepts related to sources of law in Ghana.

What are the formal sources of law in Ghana?

That which gives the law its formal validity, e.g. the Constitution.

What is the meaning of 'legal sources' in the context of law?

The direct means by which the law is made or comes into existence.

How are historical sources of law defined?

They refer to factors that have influenced the development of the law.

What does Article 11 of the 1992 Constitution outline?

It encapsulates the sources of law in Ghana.

What does the Constitution represent in Ghanaian law?

The supreme law of Ghana.

What is the significance of Article 1(2) of the 1992 Constitution?

It states that any law inconsistent with the Constitution is void.

How many constitutions has Ghana had since independence?

Four different constitutions.

What happens to laws that contradict the Constitution?

They are null and void.

What is a crucial source of law according to the lecture?

Legislations or enactments of parliament.

What must occur for a legislation to be enacted by parliament?

It must go through a specific legislative process, including readings and presidential assent.

What is 'subsidiary legislation'?

Rules made by subordinate bodies from powers delegated to them by parliament.

In Ghana, what must happen for a subsidiary legislation to come into force?

It must be laid before parliament and published in the gazette.

What are 'existing laws' as described in the lecture?

The written and unwritten laws of Ghana before the current constitution came into force.

What role does common law play in Ghana's legal system?

It includes rules of law known as common law, doctrines of equity, and rules of customary law.

What is meant by 'customary law' in Ghana?

Rules of law which by custom are applicable to particular communities in Ghana.

How is Islamic law categorized in Ghana?

It is considered part of customary law.