Bimpong Buta
THE ROLE OF THE
SUPREME COURT
IN THE DEVELOPMENT
OF CONSTITUTIONAL
LAW IN GHANA by SETH YEBOA BIMPONG-BUTA
i
THE ROLE OF THE SUPREME COURT
IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA
by
SETH YEBOA BIMPONG-BUTA
Submitted in accordance with the requirements for the degree of
DOCTOR OF LAW – LLD at the
UNIVERSITY OF SOUTH AFRICA
PROMOTER PROFESSOR B P WANDA
1 February 2005
ii
ABSTRACT
The Theme running through this Dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana.
The Study would therefore address the role of the Supreme Court in the development of
Constitutional Law in Ghana, with particular emphasis on the court’s contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v
Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim?
The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. The 1992 Constitution itself is founded on the premise that there are limitations to the enjoyment of fundamental human rights and freedoms. What is the extent of such limitations as
SUPREME COURT
IN THE DEVELOPMENT
OF CONSTITUTIONAL
LAW IN GHANA by SETH YEBOA BIMPONG-BUTA
i
THE ROLE OF THE SUPREME COURT
IN THE DEVELOPMENT OF CONSTITUTIONAL LAW IN GHANA
by
SETH YEBOA BIMPONG-BUTA
Submitted in accordance with the requirements for the degree of
DOCTOR OF LAW – LLD at the
UNIVERSITY OF SOUTH AFRICA
PROMOTER PROFESSOR B P WANDA
1 February 2005
ii
ABSTRACT
The Theme running through this Dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana.
The Study would therefore address the role of the Supreme Court in the development of
Constitutional Law in Ghana, with particular emphasis on the court’s contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v
Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim?
The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. The 1992 Constitution itself is founded on the premise that there are limitations to the enjoyment of fundamental human rights and freedoms. What is the extent of such limitations as