Ghana · Overview
The legal system of Ghana
A common-law system with unusually well-integrated customary law: article 11 of the Constitution lists customary law as part of the law of Ghana rather than as a tolerated exception. The Supreme Court has an active constitutional docket and stool land tenure remains central to property practice.
Legal tradition
Ghana belongs to the mixed (common law and customary law) tradition. A common-law system with unusually well-integrated customary law: article 11 of the Constitution lists customary law as part of the law of Ghana rather than as a tolerated exception. The Supreme Court has an active constitutional docket and stool land tenure remains central to property practice.
How power is divided
Executive president with a Cabinet drawn substantially from Parliament, a unicameral legislature, and a judiciary whose independence is protected by security of tenure and a charged-on-consolidated-fund salary.
Where law comes from
- Constitution
- Supreme law under article 1(2).
- Acts of Parliament
- Primary legislation.
- Constitutional and legislative instruments
- Subsidiary legislation subject to parliamentary scrutiny.
- Common law
- Includes the doctrines of equity and received rules.
- Customary law
- Article 11(2); rules of law applicable to particular communities.
The legal profession
Fused: an LLB, the Ghana School of Law professional course and enrolment admit a lawyer who may both solicit and advocate.
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