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    Rule of Law

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    Kwaku Adom Osei
    The document discusses the rule of law and its principles as espoused by British jurist A.V. Dicey and philosopher Lon Fuller. It examines whether Ghana's 1992 Constitution complies with the rule of law concept. The key tenets of the rule of law are supremacy of law, equality before the law, predictability of law, and certainty of law. The Constitution reflects these tenets in articles such as Article 1(2) and Chapter 5 on human rights. The document also discusses procedural requirements for rule of law laid out by Fuller and relevant articles and cases in Ghana's Constitution and legal system.

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    Rule of Law

    Uploaded by

    Kwaku Adom Osei
    30 views3 pages
    The document discusses the rule of law and its principles as espoused by British jurist A.V. Dicey and philosopher Lon Fuller. It examines whether Ghana's 1992 Constitution complies with the rule of law concept. The key tenets of the rule of law are supremacy of law, equality before the law, predictability of law, and certainty of law. The Constitution reflects these tenets in articles such as Article 1(2) and Chapter 5 on human rights. The document also discusses procedural requirements for rule of law laid out by Fuller and relevant articles and cases in Ghana's Constitution and legal system.

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    RULE OF LAW

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    The document discusses the rule of law and its principles as espoused by British jurist A.V. Dicey and philosopher Lon Fuller. It examines whether Ghana's 1992 Constitution complies with the rule of law concept. The key tenets of the rule of law are supremacy of law, equality before the law, predictability of law, and certainty of law. The Constitution reflects these tenets in articles such as Article 1(2) and Chapter 5 on human rights. The document also discusses procedural requirements for rule of law laid out by Fuller and relevant articles and cases in Ghana's Constitution and legal system.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views3 pages

    Rule of Law

    Uploaded by

    Kwaku Adom Osei
    The document discusses the rule of law and its principles as espoused by British jurist A.V. Dicey and philosopher Lon Fuller. It examines whether Ghana's 1992 Constitution complies with the rule of law concept. The key tenets of the rule of law are supremacy of law, equality before the law, predictability of law, and certainty of law. The Constitution reflects these tenets in articles such as Article 1(2) and Chapter 5 on human rights. The document also discusses procedural requirements for rule of law laid out by Fuller and relevant articles and cases in Ghana's Constitution and legal system.

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    You are on page 1of 3

    The Rule of Law/Principles of Legality

    British Airways v. A-G. – Application of Article 19(11) of the 1992 Constitution.


    1. Supremacy of the law
    2. Equality before the law
    3. Enforcement/Protection of fundamental human rights

    AV. Dicey
    Lon Fuller
    Kofi Abotsi: Constitutional law of Ghana text, cases and commentary (First published in 2007,
    UK) 39 –
    “The Rule of Law basically means that actions of government and political actors must be
    strictly authorized by law”. Albert Venn Dicey, a British Jurist and constitutional theorist,
    developed the concept of the Rule of Law in his book “The Law of the Constitution” (1885).
    NOTE: Persons in authority do not enjoy wide and arbitrary powers.
    Procedure for passing Subsidiary Legislations
    Article 11 (7)
    (i) The law must be laid before parliament.
    (ii) It has to be published in the gazette.
    (iii) It has to be gazzeted by the president.
    (iv) It comes into force after 21 days if not annulled or voted against.
    “No person should be made to suffer in body or deprived of his property except on a beach of
    law established in the ordinary legal manner before the ordinary courts of the land” .

    Question 1.
    By reference to the 1992 Constitution, describe whether the Ghanaian Constitution
    complies with the concept of the rule of law as espoused by AV. Dicey and Lon Fuller.
    Question 2. What are the basic tenents of the rule of law? Does the 1992 Constitution
    reflect these tenents?
    Supremacy of law – Article 1(2)
    Equality before the law – Article 17
    Predictability of the law – Article 19(5)
    Certainty of the law – Article 106(11)
    Respect for human rights – Chapter 5.
    Procedural Requirements for the Rule of Law: - Lon Fuller laid down these requirements.
    Cases
    1. Debrah v. The Republic
    2. Rep. v. Halm and Ayekumi
    Distinction between Primary and Secondary Sources of Law
    Primary sources of law are binding, whereas secondary sources are not binding on the courts.
    Article 11 of the 1992 Constitution states the primary sources of law.
    A newspaper is a secondary source of law, which is not binding in court.

    Relevant Law to Consider


    Article 2(1), 11 (1) and (7), 12, 18, 23, 33, 106, 19 (5) and (11) and (13), 140, 19 (1)
    CASES CONSIDERED
    Debrah v. The Rep. [1991]2GLR517 – 534;
    Glah and Another v. The Rep. [1992]2GLR 15 – 18;
    Entick v. Carrington (1765) 1981 1030;
    (1993 – 94) 2 GLR 35, Edmund Addo v. IGP and A-G (2017) JELR
    Tsatsu Tsikata v Attorney General [26/06/2002] [ruling on status of Fast Track High Court by
    the C.J]
    Tsatsu Tsikata v The Republic [8/11/04] [charges of causing financial loss to the state]
    - The appellant, Tsatsu Tsikata, was arraigned before the High Court on three (3) counts of
    willfully causing financial loss to the State contrary to Section 179 A (3) (a) of the Criminal
    and Other Offences Act, 1960 (Act 29)
    Fair trial is one of the basic foundations of the rule of law and it is recognized internationally as a
    human rights norm. its purpose is to prevent individuals from unlawful and arbitrary curtailment
    of deprivation of the basic rights and freedoms, particularly those relating to life and liberty or
    their person. It is guaranteed under Article 11 of the ICCPR; Article 7 of the ACHPR and Article
    19 of the 1992 Constitution of Ghana.
    The phrase “Ex nihil nihilo fit” means ‘out of nothing, nothing is produced’. It is also known as
    the ‘Nemo Dat Non Habet’ rule.
    By reference to the 1992 Constitution identify the key elements of the rule of law.
    One fundamental principle of the rule of law is the requirement that a statute should have
    prohibited a conduct in order for that conduct to constitute an offence. This principle is expressed
    in latin as nullum crimen sine praevia lege. The second requirement is that the statute which
    prohibits the conduct should also specify the punishment fo the prohibited conduct. This is
    expressed in Latin as nullum poena sine praevia lege. These principles are protected under
    article 19 (10) of the 1992 Constitution as fundamental human rights.

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