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Showing posts from July, 2026

THE AUTHORITY FOR CONSTITUTIONAL INTERPRETATION AND THE JURIDICAL DOCTRINE

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            The question ,   as well  the debate o f,  who have the authority to interpret  the Constitution , in other  to have effects on  government ,  is as old as the birth of Constitutional theory ,  and the principle of  separation of power.   T he author argument ,  in favour of contemporary practice, will draw   relevant  reference ,   from   the American Jurisprudence , accompanied with  famous legal assertions, acknowledging her core-strength for Constitutional law theory, within the legal realm,  though a former colony of the British  Empire, with England having the progeny right ,  to the C ommon law doctrine. The author subscribe to the debate ,  that each branch of government ,  have the authority to interpret  the constitutional provision ,  in it orbit of operations , having regard to  the essence that ,  all elected ...

THE DEPTH REQUIRED IN JUDICIAL LEGAL REASONING

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                                           Chief Justice, John Marshall, Portrait ©  Library of Congress. USA. In all forms of Court legal reasoning, which commence from the ‘Bench’, on basis of legal controversies or ‘cases at Bar’, especially, the appellate Court legal decisions, are highly exalted in Law Books, as the final arbiter in case law development. And in the rudiments of case law, the decisions of the ‘Supreme Court’ ,  is considered as the finest of the Common –Law doctrine, and sovereignty ,  to any case law developed, in the field of that case analysis, unless such decisions are overturned, per  the circumstantial changes of factors to time, for   such a  case  or similar of it kind . What grants such distinctive prowess to the outcome of the Courts decisions, and Judicial Powers? Is never merely ‘common sense’ in evaluating the ...

GHANA ASSOCIATION IN SIERRA LEONE - CONSTITUTION

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  GHANA ASSOCIATION IN SIERRA LEONE  (GAS)     [MEMBERSHIP]   CONSTITUTION   © December, 2023.       ARTICLE [I]   The Constitution shall become effective upon approval of two-thirds of the Membership and the signatory of the Chairman, dated.   Name of the Chairman………………………………………………………………   Signature     ARTICLE [II.] NAME AND PURPOSE SECTION A . [1] The official name for this organization is the GHANA ASSOCIATION IN SIERRA LEONE (GAS), the South -East  Region al Chapter . [2] This organization will use the name and its acronym “GAS” in all publicity materials and correspondence.   SECTION B. [3] The purpose of this organization ,  is to promote and protect the welfare of the members ,  as Ghanaians, as well as Sierra Leonean-Ghanaian Blood lineage ,  within Sierra Leone. [4] All activities of this organization must be directed towards this purpose.   ARTICLE [III.] MEMBERSHIP SECTION A. ...

A REJOINDER TO THE SUPREME COURT AND PARLIAMENT OF GHANA INSTITUTIONAL DEBACLE

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  [ DECLARATORY Vs. ENFORCEABLE JUDGEMENT ] 4 th  November 2024 Controversial Case  Law #[Reposted Article] We must take into cognizant that the adopted practice of certain legislatures, cum lawyers, dragging the entire Institution of Parliament,  as the second arm of Government to the orbit of Judicial Institution,  as the third arm of Government, thou, claiming or demanding an enforceable Judgement  upon her, is a misguided practice, and misleading Constitutional doctrine. The highest decree of the Supreme Court, against an entire Parliamentary Chamber   functions, under the Constitution, should be a ‘Declaratory Judgement’, never ‘Enforceable Judgement’. Acknowledging the fact that, the adopted Constitutional framework in practice across Africa, is an Anglo-American rendition. For such reason, it is essential to remind ourselves as legal scholars, that in the tradition of constitutional practice, all branch of government are assigned a role of ...