From Westminster to Makola. The Wrong Turn we Took

Essai , 2017 , 5 Pages

Droit - Autres systèmes juridiques, Comparaison de droits

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?

Inhaltsverzeichnis (Table of Contents)

• From Westminster to Makola; The Wrong Turn We Took
• A Brief History of Common Law in the UK
• The Norman Conquest of 1066
• The King's Court and Stare Decisis
• The Rise of Equity
• Fusion of Common Law and Equity
• The Wrong Turn We Took
• Advertisement by Lawyers
• Speed of Trials and Judicial Structure
• Westminster Supreme Court Tour
• The Question of Division between Barristers and Solicitors
• The Shortage of Lawyers in Ghana
• The Introduction of Paralegals
• The Supreme Court of Kenya
• Going Forward

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This article explores the potential shortcomings of Ghana's legal system, particularly in comparison to the British system. It aims to identify specific areas where Ghana has taken a "wrong turn" in its development and advocates for a more efficient and modern approach to legal practice.

• Comparison of Legal Systems: Ghana vs. UK
• The Role of Tradition and Innovation in Legal Development
• The Shortage of Lawyers and Access to Justice in Ghana
• The Potential Benefits of a Division Between Barristers and Solicitors
• The Need for Modernization and Transparency in the Ghanaian Legal System

Zusammenfassung der Kapitel (Chapter Summaries)

• From Westminster to Makola; The Wrong Turn We Took: This introductory chapter establishes the central theme of the article – the comparison between the legal systems of Ghana and the UK. It also introduces the question of the "wrong turn" Ghana may have taken in its legal development.
• A Brief History of Common Law in the UK: This chapter provides a concise overview of the evolution of common law in the UK, emphasizing key milestones such as the Norman Conquest, the King's Court, and the development of equity.
• The Wrong Turn We Took: This chapter delves into specific areas where the author believes Ghana has deviated from the best practices of the British common law system, including the issue of lawyer advertisement and the speed of legal proceedings.
• Advertisement by Lawyers: This chapter highlights the contrast between the strict regulations surrounding lawyer advertisement in Ghana and the more liberal approach in the UK. It argues for the potential benefits of allowing lawyers to advertise their services.
• Speed of Trials and Judicial Structure: This chapter contrasts the experience of attending a UK magistrate court with the author's experience in Ghana. It emphasizes the efficiency of the UK system and the need for similar improvements in Ghana.
• Westminster Supreme Court Tour: This chapter recounts the author's visit to the UK Supreme Court, highlighting the accessibility and transparency of the institution. It contrasts this with the lack of similar features in the Ghanaian Supreme Court.
• The Question of Division between Barristers and Solicitors: This chapter explores the potential benefits of a division between barristers and solicitors in Ghana, as practiced in countries like England and Australia.
• The Shortage of Lawyers in Ghana: This chapter presents statistics that illustrate the shortage of lawyers in Ghana, particularly in rural areas. It emphasizes the need for more lawyers and advocates for the expansion of the legal profession.
• The Introduction of Paralegals: This chapter welcomes the introduction of paralegals in the Ghanaian justice system, highlighting their potential role in improving access to justice and reducing the backlog of cases.
• The Supreme Court of Kenya: This chapter discusses the recent decision by the Kenyan Supreme Court to overturn the presidential election results. It praises the court's boldness and independence and suggests it as a model for other African countries.

Schlüsselwörter (Keywords)

The key keywords of this article include: common law, legal system, Ghana, UK, Westminster, Makola, lawyer advertisement, judicial structure, efficiency, access to justice, division of legal professions, paralegals, modernization, transparency.

• Cours: LLB
• Auteur: Kofi Kyere Asante (Auteur)
• Année de publication: 2017
• Pages: 5
• N° de catalogue: V593520
• ISBN (ebook): 9783346179081
• Langue: anglais
• mots-clé: form, makola, took, turn, westminster, wrong