In 1957, Ghana attained independence from the British. Upon their arrival on the radiant shores of Ghana, the British did not hesitate in imposing their customs and principles on the autochthonous people. One of the many things impressed on the indigenes was the English Common Law System. The English Common Law would forever alter and shape Ghana’s jurisprudence. This article will trace the advent and the adoption of the Common Law System in Ghana.
Westminster is a city in London which most people refer to as the United Kingdom’s legal capital because of its proximity to the Supreme Court and Parliament. Its Ghanaian counterpart is Makola, a town in the Nation’s capital which has always been the legal hub of the Country. Ghana’s premier law school, Supreme Court and lower courts are all located within this small, yet important town that bustles with life.
Ghana, once considered the gateway to Africa has fallen short in its quest to develop and build its Legal System. We seem to have veered off the route that our colonial masters plied. This is not to say that we should have followed and copied blindly the steps taken by the monarchy that once governed us.
Thus, the question I seek to ask is: What was the wrong turn we took, on our journey from Westminster to Makola?
Table of Contents
1. Historical Evolution of Common Law in the UK
2. Comparative Analysis: Westminster versus Makola
3. Challenges in the Current Legal System
4. Proposals for Reform and Future Outlook
Research Objectives and Themes
The primary objective of this work is to critically analyze the trajectory of Ghana's legal system in comparison to the United Kingdom, specifically investigating why developmental gaps persist and proposing structural reforms to enhance the administration of justice.
- Historical origins and evolution of the common law system.
- Institutional differences between legal practice in the UK and Ghana.
- The need for a professional division between barristers and solicitors.
- Strategies for improving access to justice and legal education.
- Lessons from other jurisdictions regarding judicial independence and efficiency.
Excerpt from the Book
FROM WESTMINSTER TO MAKOLA; THE WRONG TURN WE TOOK
Westminster, as some of you may know is where both the Supreme Court of UK and the House of Commons is situated, whereas Ghana’s prime law school and Supreme Court is located at Makola. In the quest for Ghana to become the gateway to Africa, it appears Ghana took a different trajectory which has hampered the development of our legal system. A route which is quite different from what those we are learning from took. Thus, the question I seek to ask is, what was the wrong turn we took, on our journey from Westminster to Makola.
As indicated in the previous paragraph, the Constitution of Ghana, 1992 recognises common law as part of our laws. Therefore, since Ghana practices the common law system, it is to be expected that we emulate the system well in order to get a better part of it, if not similar. However, the current situation in Ghana doesn’t leave much to be desired. So, the question one is likely to pose is, what was the wrong turn we took in the realisation of this dream, the dream of becoming the gateway to Africa.
Summary of Chapters
1. Historical Evolution of Common Law in the UK: This chapter outlines the development of the English legal system, focusing on the post-1066 administrative changes and the fusion of common law and equity.
2. Comparative Analysis: Westminster versus Makola: This section examines the practical differences in court management, transparency, and operational efficiency between the British system and the Ghanaian legal environment.
3. Challenges in the Current Legal System: This chapter highlights structural issues such as the lack of lawyer representation in rural areas and the limitations of the current legal training model.
4. Proposals for Reform and Future Outlook: This final chapter advocates for systemic changes, including the formal division of legal practice into barristers and solicitors and the integration of paralegals.
Keywords
Common Law, Equity, Westminster, Makola, Legal System, Ghana, Barristers, Solicitors, Legal Reform, Judiciary, Access to Justice, Paralegals, Court Efficiency, Jurisprudence, Constitutional Law
Frequently Asked Questions
What is the core focus of this work?
The work examines the evolution of Ghana's legal system through the lens of its colonial heritage, arguing that specific deviations from the British model have hindered local legal development.
What are the central themes discussed?
Key themes include judicial infrastructure, the professional structure of legal practitioners, legal education, and the disparity in access to legal services across Ghana.
What is the primary research question?
The author seeks to identify what "wrong turn" was taken in the journey of adapting the English common law system to the Ghanaian context, specifically between Westminster and Makola.
Which methodology does the author employ?
The author utilizes a comparative, qualitative approach based on personal observation of the British legal system and critical analysis of current Ghanaian legal practices.
What is covered in the main body of the text?
The text covers historical legal evolution, observational insights from British court visits, reflections on the division of legal professions, and statistics regarding lawyer density in Ghana.
Which keywords define this study?
The study is defined by terms such as legal reform, common law, barrister/solicitor division, judicial independence, and the Ghanaian legal dream.
Why does the author advocate for a division between barristers and solicitors?
The author believes this division would reduce the strain on the Law School, curb the backlog of students, and improve the specialization of legal practitioners.
What role do paralegals play in the author’s vision for the future?
The author supports the introduction of paralegals to improve justice delivery in rural and deprived areas where professional lawyers are scarce.
- Arbeit zitieren
- Kofi Kyere Asante (Autor:in), 2017, From Westminster to Makola. The Wrong Turn we Took, München, GRIN Verlag, https://www.grin.com/document/593520
