The reference to the common law in this context is a reference. Courts and justice system in india the courts are divided into three categories with top court, middle court and lower court. Judicial service of ghana the supreme court of ghana. Legal aid scheme official website of legal aid scheme, ghana. Stare decisis as judicial doctrine 4 importance to the rule of law,2 promoting the evenhanded, predictable, and consistent development of legal principles, 3 and contributing to the actual and perceived integrity of the judicial process. This site is like a library, use search box in the widget to get ebook that you want.
Osei bonsu dickson1 barrister articles 125 3 of the 1992 constitution and the courts act, act 459, as amended by act 620 covers the respective composition and jurisdiction of the supreme court. The superior courts include the supreme court, the appeals court, the high court, and regional tribunals. Upon completion of this topic, you will master the various types of courts, their. Every state of india is provided with a court that has the utmost power of judicial system employed in that state only.
Until mid1993, the inferior courts in descending order of importance were the circuit courts, the district courts magistrate courts grades i and ii. Sentencing framework and the magistrates court layout download the pdf here definition of court hierarchy in the legal dictionary by free online english dictionary and encyclopedia. Compared to the supreme court, which is located only in abuja, the court of appeal is separated into various judicial divisions and sits in definite states in nigeria. At the respective court levels, except for the commercial court, individuals constituted. Introduction to the major legal system in the world historical foundation of the ghana legal system basic institutions of the ghana legal system the nature and functions of the law sources of ghana law administration of justice. Beneath the president in the hierarchy is the vice. The coursework on the structure and jurisdiction of the ghanaian courts will help you understand how the courts work. History, schedule of court fees, judicial news, weekly cause list, complaints unit, judicial reforms, biodata of supreme court judges, list of appeal court, high court and circuit court judges, and district court magistrates. Ghana immigration recruitment 201718 below is a list of human rights in ghana as enshrined in the constitution.
The petty sessions court requires a minimum of two justices to be properly constituted. The supreme court is the final court of appeal and has jurisdiction over. The hierarchy of courts derives largely from british juridical forms. The 1992 constitution provides for one parliament, which exercises all primary legislative functions. Most children lack adequate levels of knowledge, education, maturity and. In the united kingdom the structure of the courts in all the three jurisdictions england and wales, scotland and northern ireland, according to uk law online, tends to be arranged according to the subjectmatter of cases brought before the courts rather than the source of the laws to be applied. The new system is based largely on british legal procedures. This site provides a single access point to all information relating to the judicial service of ghana, i. Ghana s economic outlook may be mixed, but analysts remain hopeful, pointing to the stability and strength of ghana s democracy and society.
However, in october 2015, the supreme court of ghana, by a 52 majority, dismissed the suit, asare v. The commercial court of ghana has become a standard for emulation, certainly in the west african sub region. List of best courts in ghana, top courts in ghana, courts near me, best courts. State courts high court the state courts come direct under the supreme court of india in the indian legal system hierarchy. About the author sandra cofie is a solicitor of the supreme court of england and wales, a barristeratlaw and solicitor of the supreme court of ghana, and a member of the ghana. Chapter 3 presents the primary actors and their functions while chapter 4 is the standing orders of the district assembly. Ghana is a unitary state with a unicameral legislature. Different types of case are dealt with in specific courts. The superior courts are, from highest to lowest, the supreme court of ghana, the court of appeal, the high court of justice, and the ten regional tribunals, with one for each region. Supreme court court of appeal high court circuit court district court. Sometimes magistrates exercise jurisdiction in these courts and the presiding. Ghana to come into force on 7th day of january, 1993. This court is presided over by justices of the peace. The courts have jurisdiction over all civil and criminal matters.
Parallel to this structure there are traditional courts dealing with minor matters and applying customary law lower courts. The functionaries discharging duties under the code of criminal procedure are many, of which the roles of magistrates and courts is pivotal. In between these courts are the court of appeal, the regional tribunal and the. The ghanaian legal system is different from the american legal system although both legal systems operate the common law system. The justice system is broadly based on english common law, and the law relating to personal relationships and contracts is rooted in ghanaian customary law.
Judicial system of ghana commonwealth governance online. The next one on the hierarchy of nigerian courts is the court of appeal. These courts have control over a state, a ut or a group of states and union territories. The court of appeal the next in the hierarchy of courts in ghana is the court of appeal. In between these courts are the court of appeal, the regional tribunal and the circuit court. In this blog post, ranjit krishnan ramanath, pursuing m. Understanding and implementing the legal frameworks that govern elections.
Lord chief justice, heads of division and court of appeal judges. Just as the name implies, the court has the jurisdiction under the constitution to hear and decide appeals from any judgement or order that is made by the high court or any of the regional tribunals. Fundamental human rights in ghana and institutions to. Click download or read online button to get the ghana legal system book now. The supreme court of india deals with the cases at the national level, the high court deals with cases at the state level and subordinate courts civil and criminal deals with the cases at the. Constitution establishes the innate characteristics of the country and its sovereignty. Doc the structure and jurisdiction of the courts osei. Appellate jurisdiction in respect of criminal and civil cases decided by subordinate courts. Indian legal system hierarchy hierarchy of justice. The right to life the right to life, however, is limited and no person shall be liable for the death of another in cases of war or when the death is justifiable under law. High court of india is at the top of the hierarchy in each state but are below the sc.
The relevant sections for understanding jurisdiction. This diagram helps to explain the courts hierarchy in. Ghanas constitution of 1992 with amendments through 1996 pdf. It also sheds light on the various mechanisms of accountability built into the system. In analysing the hierarchy of courts in ghana and their operations, they can be compared to that of the british common law system. The next in the hierarchy of courts in ghana is the court of appeal. The structure of the ghanaian state the structure of the ghanaian state is set out in the 1992 constitution.
The ghana legal system download ebook pdf, epub, tuebl, mobi. Chapter 2 gives the structure of the local government system of ghana and outlines the compositions and functions of the various structures, substructures and key officers. Hierarchy of courts and their jurisdiction should be properly defined to deal with the disputes which arise every day in a big country like india. This state court is termed as high court and is usually in t. The lower courts are established by an act of parliament. Article 1572, constitution supreme court rules, 1996 ci 16 court of appeal rules, 1997 ci 19 high court civil procedure rule, 2004 ci 47. The difference in terminology, the structure of the courts, the robescourtroom attire to mention a few are all different in ghana. At present, the supreme court of ghana, which consists of the chief justice and ten other justices, is the final court of appeal and has. The constitution outlines not only how the various individuals and public bodies fit together, but also explains their respective functions.
Lower courts limited jxn superior courts high court, regional tribunals, ct. Assuming mensah who is residing in togo produces counterfeit ghana cedis and gives it to kwesi to alter it ghana, mensah who is outside the jurisdiction of the courts may be tried and punished as if the act was wholly done within the territories of the courts. I want to know the structure and the functions among all the courts in ghana. Ghana is a member of ecowas, the african union, the commonwealth, and the world trade organization. General jurisdiction of ghanaian courts modern ghana. The act also established the socalled inferior and traditional courts, which, along with the above courts, constituted the judiciary of ghana according to the 1960, 1979, and 1992 constitutions. Civil procedure preliminary issues hierarchy of courts history of the rules of court in ghana various rules of court. Spread the lovethe relevant sections for understanding the hierarchy of criminal courts. The difference in terminology, the structure of the courts, the robes courtroom attire to mention a few are all different in ghana.
Since gaining its independence from british colonial rule, the parliament of ghana has continued to improve the lives of ghana s citizens by representing their concerns and voicing their opinions at the legislative level. The judicial service of ghana comprises the superior courts of judicature, established under the 1992 constitution, and the inferior courts, established by parliament. Court of appeal appeal only, on points of law to either the criminal or civil divisions. This provision, including the particular date of limitation, has been saved in subsequent legislation enumerating the sources of law in ghana up until today asante, 1988. The system is said to be built on a foundation which ghana acquired from the of the, and other documents. The inferior courts, since the courts act 2002, include the circuit courts, the magistrate courts, and special courts such as the juvenile courts. The judiciary of namibia consists of a threetiered set of courts, the lower, high and supreme courts. The structure of the jamaican judicial system is based on five basic tiers. The ghanaian legal system is somewhat closer in comparison to the english legal system although the ghanaian legal system has its own peculiarities.