2011•Commonwealth Law BulletinRequires access

An exposition and critique of judicial independence under Ghana’s 1992 Constitution

Ernest Owusu‐Dapaa

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Abstract

Politics in Ghana has gradually become the very climate of Ghanaian society. It pervades every sphere of daily activities. This has raised several questions as to whether the various provisions of the 1992 Constitution, which seeks to guarantee the independence of the Judiciary, are or have been up to the task of insulating the Judiciary from political influence and interference or if these provisions are defeated by other provisions of the constitution or the recent trend of affairs. Under the concept of judicial independence one fundamental principle is the fact that the Judiciary must be isolated or free from political influence, interference or inclination. However, the constitution does not ensure a strict insulation of the Judiciary from political interference, influence and inclination. Of central concern in this discourse is thus a probing examination of the constitutional procedure for the appointment of the Chief Justice and other justices of the Superior Courts of Judicature.

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What this paper is about

Politics in Ghana has gradually become the very climate of Ghanaian society. It pervades every sphere of daily activities. This has raised several questions as to whether the various provisions of the 1992 Constitution, which seeks to guarantee the independence of the Judiciary, are or have been up to the task of insulating the Judiciary from political influence and interference or if these provisions are defeated by other provisions of the constitution or the recent trend of affairs. Under the concept of judicial independence one fundamental principle is the fact that the Judiciary must be isolated or free from political influence, interference or inclination. However, the constitution does not ensure a strict insulation of the Judiciary from political interference, influence and inclination. Of central concern in this discourse is thus a probing examination of the constitutional procedure for the appointment of the Chief Justice and other justices of the Superior Courts of Judicature.

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Available abstract

Politics in Ghana has gradually become the very climate of Ghanaian society. It pervades every sphere of daily activities. This has raised several questions as to whether the various provisions of the 1992 Constitution, which seeks to guarantee the independence of the Judiciary, are or have been up to the task of insulating the Judiciary from political influence and interference or if these provisions are defeated by other provisions of the constitution or the recent trend of affairs. Under the concept of judicial independence one fundamental principle is the fact that the Judiciary must be isolated or free from political influence, interference or inclination. However, the constitution does not ensure a strict insulation of the Judiciary from political interference, influence and inclination. Of central concern in this discourse is thus a probing examination of the constitutional procedure for the appointment of the Chief Justice and other justices of the Superior Courts of Judicature.

Key concepts: Exposition (narrative), Constitution, Independence (probability theory), Law, Political science, Philosophy, Art, Literature

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