Opinion
Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited
Kenneth Atsu Dogbey & Martin Waana-Ang
Results for "Judicial review"
123 results.
Opinion
Harmonizing Customary Practices and Statutory Law: The Need to Amend Ghana’s Criminal Offences Act, 1960 (Act 29) to Recognize and Enforce Customary Offences and Sanctions Across Ghanaian Communities
Kofi Annan and Nana Adwoa Serwaa Dua-Adonteng Esq.
Opinion
When the Machine Knows the Law: Artificial Intelligence, Superintelligence and the Future of Lawyers and Judges in Ghana
This article examines how artificial intelligence could transform Ghana’s legal profession and judiciary, particularly legal practice, employment, judicial decision-making and access to justice. It advocates responsible AI integration while...
HH Malcolm Bedzrah
Opinion
Invoking the Supervisory Jurisdiction of the Supreme Court of Ghana. The Case of a Meddlesome Interloper (Busybody)
The Ghanaian courts have allowed the efflorescence of legal doctrines as necessary nutrients for the enjoyment and development of rights and obligations under the law within the Ghanaian jurisdiction. One such procedural doctrine is LOCUS S...
Kwame Richard Klu and Kwame Yaro Appiah
Opinion
An Examination of the Scope of the Supervisory Jurisdiction of the High Court of Ghana
The article examines the supervisory jurisdiction of the High Court of Ghana under the 1992 Constitution, highlighting two contradictory Supreme Court decisions on the matter. It argues for the court's unfettered supervisory powers and urge...
Simon Okyere, Esq.
Opinion
The Maze of Complexity: Unravelling the Knots of Judicial Discretion in Re Republic vrs. Speaker of Parliament and Attorney General, Ex Parte: Rockson-Nelson Etse K. Dafeamekpor Suit No. GJ/0560/2024.
The article critiques the High Court's refusal to grant a mandamus order compelling the President of Ghana to act on the Human Sexual Rights and Family Values Bill, despite its passage in Parliament. The court's decision is argued to be pre...
Nii Kpakpo Samoa Addo ESQ.
Opinion
Accuser, Judge and Executioner: How Ghana’s Superior Courts Breach ‘Nemo Judex In Causa Sua’ in Contempt Adjudications; A Wakeup Call for Comprehensive Procedural Rules to Guide Contempt Proceedings
This article critiques the practice in Ghana's Superior Courts where Justices adjudicate contempt cases arising from their own proceedings, violating the rule of nemo judex in causa sua. It advocates for urgent procedural reforms to ensure...
Sedinam Awo Kwadam
Opinion
‘Robo-Justice’: A Critical Examination of Artificial Intelligence (AI) Adoption in Ghana’s Legal System
The article explores how AI is reshaping Ghana's legal system, emphasizing both its efficiency benefits and the ethical and procedural risks it poses. It concludes that while AI can aid legal processes, it cannot replace human judgment, and...
Elizabeth Asantewaa Ofori and Goodnuff Appiah Larbi
Opinion
The Death of a Profession?
Following the Chief Justice's decision to refer Dr. Dominic Ayine to the General Legal Council over his comments in the aftermath of the Election Petition, the author explores the implications for the legal system and the freedom with which...
Francisca Serwaa Boateng
Opinion
Revisiting the Right to Counsel in Light of the Introduction of Plea Bargaining in Ghana
This paper seeks to discuss the general right to counsel, its current application in Ghana, and how the right is central to the effective administration of plea bargaining.
E. K. Bidzakin
Opinion
The doctrine of stare decisis parades in a fanciful new robe in the Supreme Court: Ex Parte Opuni (No. 2)
The author asks, among other things, if a High Court must follow a decision of a higher court at all costs under the doctrine of stare decisis. See more in this article.
Francisca Serwaa Boateng
Opinion
Natural Resources, The Environment and the Constitutional Review Committee’s Recommendations: Why Government Should Reconsider Its Position
The article critiques the Government of Ghana’s rejection of proposed constitutional reforms on natural resource governance and environmental protection. It advocates stronger constitutional safeguards for public trusteeship, sustainability...
Anthony Danquah
Opinion
Legal Vacation Without ‘Vacation.’; The Plight of ‘ORAL ’ Lawyers and the Infringed Rights of the Accused?
The article examines the controversy over substantive criminal trials continuing during Ghana’s legal vacation, particularly where defence lawyers have indicated that they are unavailable. It argues that although the Chief Justice has autho...
Frederick Gurah Sampson
Opinion
My Lord! To be or not to be? [Part 1]
This article examines the process of becoming a judge in Ghana, outlining the recruitment procedures, conditions of service, postings, transfers, leadership expectations, and the exclusivity of judicial roles. It provides insights into the...
Bertha A. Aniagyei
Opinion
Alexander Afenyo Markin v. Speaker of Parliament & A-G: Application ex-parte for stay of execution of the ruling of the speaker of parliament delivered on 17th October,2024 pending the determination of the suit.
This case examines the interplay between judicial review and constitutional supremacy in Ghana, focusing on the separation of powers and the judiciary's role in interpreting constitutional provisions. The dispute arises from the Speaker of...
Onesimus Faeron
Opinion
Part 2: My Lord! To be or not to be
This second part of the article explores the challenges judges in Ghana face after assuming office, including external pressures, political interference, social reclusiveness, security risks, and mental health struggles. It highlights the e...
Bertha A. Aniagyei
Opinion
Entrapment in Investigative Journalism, Uncovering the Truth or Distorting Reality? - A Case Study of His Lordship Justice Paul Uuter Dery & 2 ors vrs The Republic of Ghana Suit No: ECW/CCJ/APP/42/16 (Ecowas Community Court of Justice)
This article critically examines the ethical and legal implications of using entrapment in investigative journalism, focusing on a case involving Ghanaian judges accused of corruption following an undercover investigation by journalist Anas...
Nii Kpakpo Samoa Addo Esq
Opinion
Towards Rising Medical Tourism in West Africa: A Review of Ghana’s Readiness to Become a Hub
The article argues that Ghana is strategically positioning itself to become West Africa’s leading medical tourism hub through targeted investments in specialised healthcare infrastructure, teaching hospitals, and cross-border care systems....
Silas Udia Osabutey