A) Tesla Motors, a multilateral company wants to establish one of its subsidiaries
in Africa and chooses Ghana as its destination mainly because it is the
Headquarters for the African Continental Free Trade Area. The managers of this
multilateral organization are in Ghana and have contacted your law firm about the
laws of Ghana.
With the aid of decided cases, write a memo to Tesla Motors about the sources
of the laws of Ghana.
B. Differentiate between Municipal and International law.
2. The majority of the Supreme Court held, per Acquah JSC, in Mensima v
Attorney-General [1996-97] SCGLR 676 that; “Article 1(2) of the 1992
Constitution is the bulwark which not only fortifies the supremacy of the
Constitution but also makes it impossible for any law or provision inconsistent with
the Constitution to be given effect to. And once the Constitution does not contain
a schedule of laws repealed by virtue of its provisions, whenever the
constitutionality of any law vis-à-vis a provision of the Constitution is challenged,
the duty of this court is to determine the authenticity of the challenge. And in this
regard, the fact that the alleged law has not been specifically repealed is totally
immaterial and affords no validity to that law. For article 1(2) contains a built-
in repealing mechanism which automatically comes into play whenever
it is found that a law is inconsistent with the Constitution. It therefore
follows that the submission based on the fact that the regulations 3(1) and 21of L
I 239 [has] not been specifically repealed, and therefore valid, misconceives the
effect and potency of article 1(2), and thereby underrate the supremacy of the
1992 Constitution.”
In the light of the ruling supra, explain the Concept of Supremacy of the
Constitution.
Asked by Emmanuel Mate-Kole
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