Jurisprudence Law at Ghana
Ghana's legal system operates within a civil law framework influenced by English common law traditions. The principle of judicial precedent (stare decisis) plays a pivotal role in ensuring consistency and predictability in the application of law.
⚖️ Judicial Precedent in Ghana
Supreme Court's Authority: Under Article 129(1) of the 1992 Constitution, decisions of the Supreme Court are binding on all lower courts. However, Article 129(3) grants the Supreme Court the discretion to depart from its previous decisions when it deems it necessary. This power allows the Court to adapt the law to evolving societal needs and rectify past errors .
Court of Appeal: The Court of Appeal is generally bound by its own decisions and those of the Supreme Court. However, it may depart from its prior rulings if they are inconsistent with Supreme Court decisions or statutory provisions
High Court and Lower Courts: These courts are bound by decisions of the Supreme Court and the Court of Appeal. While they must adhere to binding precedents, they may distinguish cases where factual or legal differences exist .
🧑⚖️ Departing from Precedent
The Supreme Court's ability to depart from precedent is exercised with caution. In the case of Ex parte Opuni (No. 2), the Court reviewed its earlier decision, emphasizing the need for consistency while acknowledging the necessity to correct past errors . Such instances highlight the Court's commitment to justice and the dynamic nature of the law.
📚 Accessing Ghanaian Jurisprudence
For comprehensive access to case law and judicial decisions, the e-Judgment portal provided by the Judicial Service of Ghana offers a valuable resource. This platform facilitates research and ensures transparency in the judicial process .
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