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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

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

This article argues that whilst Ghana’s statutory criminal law (via the Criminal Offences Act 1960 (Act 29) governs codified offences, it fails to formally recognise many customary offences and sanctions entrenched in Ghanaian communities. The author contends that legislative reform to amend Act 29—to explicitly incorporate valid and widely accepted customary offences and sanctions—will promote legal certainty, respect for indigenous justice systems, and harmonisation of statutory and customary legal orders.

Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana

Roses are Red, The Statute is Stale: The Obscenity Debate and Legal Limbo of Sex Toys in Ghana

This article critiques Ghana’s outdated obscenity law under Section 281(1) of Act 29, arguing that its vague criminalization of "obscene objects" unconstitutionally endangers personal rights. It proposes legislative reform to exclude sexual wellness devices from obscenity prohibitions, aligning law with privacy, dignity, and modern human rights norms.

From Aspiration to Action: The Urgent Call to Enforce Ghana’s Socio-Economic Rights Historical context and international backgrounds

From Aspiration to Action: The Urgent Call to Enforce Ghana’s Socio-Economic Rights Historical context and international backgrounds

This article examines the legal and constitutional debate in Ghana over the justiciability of economic, social, and cultural rights under Chapter 6 of the 1992 Constitution. It argues that making these rights enforceable is essential to fulfilling Ghana's democratic aspirations and international obligations.

The Judicial Powers of the Judicial Committee of a Traditional Council

The Judicial Powers of the Judicial Committee of a Traditional Council

This article examines the judicial powers of the Judicial Committee of a Traditional Council in Ghana, outlining its composition, jurisdiction, appointment process, and adjudicatory functions in chieftaincy disputes. It also discusses appeal procedures, enforcement of decisions, and statutory limitations on the Committee's authority.

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.

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 Parliament's ruling on the vacancy of parliamentary seats, highlighting the limits of legislative authority and the judiciary's exclusive jurisdiction under the 1992 Constitution.

Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited

Judicial Review of Administrative Action in Ghana: Lessons from the Cases of Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited

This article examines judicial review of administrative actions in Ghana, focusing on the cases Ex Parte Ernest Thompson and Ex Parte Hoda Holdings Limited. It analyzes the distinction between the High Court's supervisory and judicial review jurisdictions, highlighting evolving legal interpretations and procedural rules. The study addresses the differing views on whether the High Court's supervisory jurisdiction can be invoked to challenge administrative actions and emphasizes the need for clarity in legal processes.

Beyond Rhetoric: Advancing Economic, Social, and Cultural Rights Protection in Ghana: A Case Study of Child Rights International v. The Attorney-General and Its Implications

Beyond Rhetoric: Advancing Economic, Social, and Cultural Rights Protection in Ghana: A Case Study of Child Rights International v. The Attorney-General and Its Implications

This article examines the Supreme Court of Ghana's decision in Child Rights International v. Attorney-General, focusing on its implications for enforcing Economic, Social, and Cultural Rights (ESCRs). The paper explores the importance of strategic litigation in navigating justiciability and the role of courts in upholding ESCRs, highlighting the challenges and lessons learned from the case for future rights protection in Ghana

The Termination Tightrope: Navigating the Balance between Employer Rights and Employee Protections

The Termination Tightrope: Navigating the Balance between Employer Rights and Employee Protections

This article examines the tension between employer rights and employee protections in Ghana's labor law, particularly regarding termination. It critiques the Supreme Court's reliance on outdated common law principles that allow employers to terminate employment without cause, arguing for a fairer approach aligned with statutory protections under the Labour Act, 2003 (Act 651). The paper advocates for reform in labor law to reflect modern standards of fairness and employee protection.

Assessing The “MahamaCare” Policy: A Mirage or a Reality Towards Achieving a Universal Access to Healthcare in Ghana

Assessing The “MahamaCare” Policy: A Mirage or a Reality Towards Achieving a Universal Access to Healthcare in Ghana

The article critically evaluates Ghana’s new “MahamaCares” health policy, exploring its potential to address chronic non-communicable diseases and achieve universal healthcare access. While well-intentioned, the policy's operational gaps, data limitations, and financial risks may undermine its success.

GTEC's Authority to Regulate Academic Titles: A Legal Necessity, Not an Overreach

GTEC's Authority to Regulate Academic Titles: A Legal Necessity, Not an Overreach

GTEC’s enforcement of regulations on academic titles is a legally sanctioned effort to uphold academic integrity and protect public trust, not a political overreach. The directive aligns with national laws and mirrors practices in other regulated professions.