What is justice and the rule of law?

What is justice and the rule of law?

The rule of law means fairly and impartially applying and administering the law to all who are seeking justice. But is not enough for the rule of law to be upheld; the judicial process and its outcomes must also be perceived to be legitimate and fair by the general public, even if they disagree with the result.

How is the rule of law is realized in Ghana?

Ghana has ratified international human rights and rule of law treaties. The Constitution guarantees civil/political rights. Nevertheless, international treaties are not routinely incorporated into national laws and judges are not trained to apply international law principles.

What is the justice system in Ghana?

Ghana has an adversarial system of criminal justice in which the offender is presumed innocent until proven guilty. However, most offenders brought to the attention of the police are accompanied by persons who caught them in the act, which tends to eliminate the element of suspicion.

What are the five main sources of law in Ghana?

In sum, the main point of our discourse is this – the primary sources of Ghanaian law comprise the Constitution, Parliamentary Enactments, Orders, Rules and Regulations, the Existing law, and Ghanaian common law.

What are the importance of rule of law?

The value of the rule of law lies in the fact that it prevents arbitrary judgments, secures justice, and prevents tyranny and oppression. It limits the power of those who have authority. The government must first control the people and then it must be obliged to control itself.

What are the principles of rule of law?

Accordingly, the rule of law encompasses the following four universal principles: “the government and its officials and agents are accountable under the law; the laws are clear, publicised, stable and fair, and protect fundamental rights, including the security of persons and property; the process by which laws are …

What are the sources of law in Ghana?

Sources of Law in Ghana The Constitution; Enactments made by or under the authority of the Parliament established by the Constitution [or legislation]; Any Orders, Rules and Regulations made by any person or authority under a power conferred by this Constitution [or subsidiary or subordinate legislation];

Who is the head of the Judicial Service in Ghana?

Kwasi Anin-Yeboah
The current chief justice is Kwasi Anin-Yeboah. He succeeded Sophia Akuffo as the first male chief justice of Ghana in twelve years. Anin-Yeboah was sworn in as Chief Justice by President Akufo-Addo on 7 January 2020.

What are the types of law in Ghana?

The existing law or the written and unwritten laws of Ghana that existed immediately before the coming into force of the 1992 Constitution; and. The common law [or the English common law, English doctrines of equity, and the rules of customary law].

What are common laws in Ghana?

Article 11 (2) of the 1992 Constitution identifies common law as a source of law in Ghana. Common law is defined to include the rules generally known as common law, the rules generally known as doctrines of equity and rules of customary law including those determined by the Superior Court of Judicature.