Ghana : justice sector and the rule of law : a discussion paper PDF Download

Author: AfriMAP.
Publisher:
ISBN: 9781920051730
Category :
Languages : en
Pages : 19

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Author:
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 180

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Book Description
Ghana: Justice Sector and the Rule of Law provides a comprehensive review of the justice sector in Ghana. It includes chapters on the legal and institutional framework, management and oversight mechanisms, criminal justice and access to justice. The review is an essential resource for all actors interested or involved in justice sector issues in Ghana.

Author: Mawuloe Koffi Kodah
Publisher: GRIN Verlag
ISBN: 3656133263
Category : Political Science
Languages : en
Pages : 22

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Research Paper (undergraduate) from the year 2012 in the subject Politics - Region: Africa, , course: Governance and Public Policy, language: English, abstract: This paper studies the practice of mob violence in the name of justice, and its implication to the rule of law in Ghana. The study is divided into three major part parts. The first part examines a number of conceptual issues of justice which serve as framework for the study. The second part evaluates a number of possible causes that elicit recourse to mob violence as a way of seeking equity and fairness. It also brings out the possible impacts of the practice on the rule of law, good governance and sustainable democratic development in Ghana. The paper rejects mob violence, “mob justice”, as an acceptable way of seeking justice, in the third part. This is done, taking cognizance of the conceptual framework set at the beginning. In effect, the paper turns the paradigm upside down, thus making of “mob justice” mob injustice. Consequently, the paper makes a number of recommendations that should be considered in an attempt to put an end to the practice in order to uphold the supremacy of the rule of law needed for the entrenchment of democracy and good governance in Ghana.

Author:
Publisher:
ISBN: 9781920051334
Category : Justice, Administration of
Languages : en
Pages : 23

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Author:
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 164

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This discussion paper is based on a comprehensive report on the Mozambican legal system entitled Mozambique: Justice Sector and the Rule of Law (the main report). The main report is the product of a year-long, questionnaire-based research project that solicited views and information from judicial and government officials, civil society actors, academics, politicians, ordinary citizens and donors. It is one of a series of reports on Mozambique to be produced by the Africa Governance, Monitoring and Advocacy Project (AfriMAP), a project of the Open Society Foundation (OSF), and the Open Society Initiative for Southern Africa (OSISA). AfriMAP is also producing reports in South Africa, Malawi, Ghana and Senegal. The idea behind is to conduct audit of African governments' compliance with African and international standards on human rights and good governance, including the commitments made in national constitutions. The reports are intended to be a resource for practitioners and human rights activists in the countries concerned, and for those working in other African countries, to improve respect for human rights and democratic values on the continent.

Author: Deborah Isser
Publisher: US Institute of Peace Press
ISBN: 1601270666
Category : History
Languages : en
Pages : 402

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The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Author: The World Justice Project
Publisher:
ISBN: 9780996409490
Category :
Languages : en
Pages :

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Author: William Burnett Harvey
Publisher: Princeton University Press
ISBN: 1400875587
Category : Political Science
Languages : en
Pages : 467

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While Professor of Law and Dean of the Faculty of Law at the University of Ghana from 1962 to 1964, the author personally observed the evolving legal order in Ghana during a crucial period in that country's development. Here, he considers statutes and judicial decisions. Working from the premise that law is a value-neutral technique of social ordering and derives its value content from a dominant elite, Professor Harvey places the important Ghanaian constitutional and legal developments in their social context. He concludes that although democratic values have dominated the basic structure of public power, autocratic values have determined the realities of political life in Ghana. Originally published in 1966. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Author:
Publisher: BRILL
ISBN: 9047413717
Category : Law
Languages : en
Pages : 321

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Book Description
Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.