What does Article 11 say about the common law?
Asked by Maria Idris
Answers (3)
Abdul-Ganiwu Mohammed
Aug 24 2022
Article 11 of the 1992 Constitution of Ghana defines Common Law as a source of Law as
"The rule of law generally know as the Doctrines of Equity and the rules of Customary Law, including those determined by the Superior Courts of Judicature".
This suggest the laws of Ghana to include i) the Common Law ii) Doctrines of Equity iii) Customary Law, and iv) Judge-made Laws i.e. Case law.
Common is prone to changes due to complex inevitable societal changes. It is unwritten law (not codified) but adopts legal principles in written judgements of the courts either as published in the law reports or unpublished.
Hafiz Abdal-Sulleyman
Aug 22 2022
Article 11 of the 1992 Constitution makes the common law one of the sources of Laws in Ghana; further, it defines what constitutes Common Law. Thus, Per Article 11(2) the common law of Ghana comprises, Common Law as known in England, doctrines of Equity, and the rules of Customary Law including those that have been determined by the Superior Courts. Simply put, Common Law as defined is made up of 3 components: the Common Law as inherited, the doctrines or Rules of Equity and Customary law.
Rudolph Apeyusi
Aug 19 2022
It spells out all the sources of Law in Ghana
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