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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a schedule of laws repealed by virtue of its provisions, whenever the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regard, the fact that the alleged law has not been specifically repealed is totally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I 239 [has] not been specifically repealed, and therefore valid, misconceives the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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