Legists Articles
Get ready to impress.
A community that keeps you updated
Legists Articles
Legal Writing for Law Students: A Detailed Guide
Introduction
Legal writing is fundamental to both legal education and professional practice. It is the primary means by which complex legal concepts, arguments, and analyses are communicated. For law students, mastering legal writing is not only crucial for academic success but also serves as the foundation for future practice enabling the clear, persuasive, and precise drafting of legal documents ranging from memoranda and briefs to contracts and legal opinions
HOW TO ADDRESS GENERAL LAW ESSAY QUESTIONS
Types of Law Questions
1 . Essay questions
Law essay questions usually
require you to express a legal
opinion or address the law on a
specific subject matter. The
subject matter is usually referred
to as the topic sentence.
2 . Problem questions
A law problem question is usually
a set of facts that is made
available to the examinee to raise
legal issues between identifiable
parties in the question and
address the issues by applying
the relevant authorities.
Addressing law problem
questions is by the Issues, Rules,
Analysis and Conclusion (IRAC)
method
3. Multiple choice questions
Multiple-choice questions usually
present answer options for the
examinee to choose from. This
means the examinee is restricted
to the answer options and simply
has to select the most
appropriate answer from the
provided choices.
How Do I Know If Law Is the Right Career for Me?
Introduction
The legal profession in Ghana enjoys a prestigious reputation, often associated with influence, financial security, and the capacity to effect societal change. However, given the increasing costs of education, a competitive job market, and the emergence of new career opportunities, it is essential for aspiring lawyers to evaluate whether a legal career aligns with their goals.
This blog delves into the realities of pursuing a legal career in Ghana, considering cultural, educational, and systemic factors. The aim is to offer a thorough guide for those looking to enter the legal profession, by incorporating case studies, legal references, and controversies unique to Ghana.
How to Adequately Prepare for Law Exams: A Comprehensive Guide to Success
Law exams are widely recognized for their difficulty, requiring not only a thorough understanding of legal principles but also the capacity to apply these principles effectively under pressure. Preparation for such exams demands a comprehensive approach that extends beyond simply reviewing case law or textbooks. It involves mastering core legal concepts, cultivating robust analytical and writing abilities, and organizing study strategies to maximize efficiency and performance.
This article will examine essential strategies for law exam preparation, with an emphasis on planning, utilizing study aids, and refining test taking techniques to optimize success.
Understanding the Exam Format and Requirements
Essay-Based Exams
These exams assess your ability to analyze legal issues, apply principles, and articulate arguments
Problem-Based Questions
These test issue identification and legal application in hypothetical scenarios.
Multiple-Choice Questions
MCQs assess foundational knowledge of statutes, cases, and legal concepts
LEGISTS CONSTITUTIONAL LAW GUIDE
Chapter One:
Introduction to Constitutional Law
Constitutional law forms the bedrock of Ghana’s legal and political system. It outlines the structure, functions, and limits of governmental power and enshrines the fundamental rights of citizens. The 1992 Constitution of Ghana is the supreme law of the land, and all other laws derive their legitimacy from it.
This study is organized into four core parts:
- Doctrines or Theories of Constitutional Law
- Major Organs of Government
- Minor Constitutional Organs and Institutions
- Human Rights and their Enforcement
CHAPTER TWO: THE NATURE AND SCOPE OF CONSTITUTIONS
1.0 Introduction
A constitution is the fundamental legal document that delineates the structure, powers, functions, and limitations of the organs of government. It defines the rights and obligations of citizens and provides the framework for political, legal, and social order within the state. The constitution stands as the supreme expression of sovereignty and authority, serving as the foundation for all other laws and institutions. Understanding the nature and scope of constitutions is therefore central to the study of constitutional law, as it enables an appreciation of how governance, legitimacy, and the rule of law are established and maintained.
CHAPTER FIVE: REVIEW OF CASE LAW ON CONSTITUTIONAL SUPREMACY IN GHANA
1.0 Introduction
Constitutional supremacy lies at the very foundation of Ghana’s legal order. It signifies that the 1992 Constitution stands as the highest law of the land, and that any other law, policy, administrative action, or conduct that conflicts with its provisions is null and void to the extent of that inconsistency. This fundamental doctrine is explicitly codified in Article 1(2) of the 1992 Constitution, which states that “this Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
The Supreme Court of Ghana has consistently reaffirmed and enforced this principle through an impressive body of jurisprudence. Through its decisions, the Court has both protected and given life to the Constitution, ensuring that no authority exceeds the boundaries laid down by the supreme law. This chapter reviews the major judicial decisions that have shaped the doctrine of constitutional supremacy in Ghana. It begins by recalling the historical and comparative foundation of judicial review as established in Marbury v Madison (1803), before examining landmark Ghanaian cases that have affirmed the supremacy of the Constitution over all other laws and institutions.
Review of Case Law on Constitutional Supremacy in Ghana
1.0 Introduction
Constitutional supremacy lies at the very foundation of Ghana’s legal order. It signifies that the 1992 Constitution stands as the highest law of the land, and that any other law, policy, administrative action, or conduct that conflicts with its provisions is null and void to the extent of that inconsistency. This fundamental doctrine is explicitly codified in Article 1(2) of the 1992 Constitution, which states that “this Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the inconsistency, be void.”
The Supreme Court of Ghana has consistently reaffirmed and enforced this principle through an impressive body of jurisprudence. Through its decisions, the Court has both protected and given life to the Constitution, ensuring that no authority exceeds the boundaries laid down by the supreme law. This chapter reviews the major judicial decisions that have shaped the doctrine of constitutional supremacy in Ghana. It begins by recalling the historical and comparative foundation of judicial review as established in Marbury v Madison (1803), before examining landmark Ghanaian cases that have affirmed the supremacy of the Constitution over all other laws and institutions.
The Functions of the 1992 Constitution of Ghana
- Introduction
The Constitution of the Republic of Ghana, 1992, is the supreme law of the land. It provides the framework for governance, defines the powers and duties of state organs, guarantees the rights and freedoms of citizens, and establishes the principles of democracy, rule of law, and constitutionalism.
Article 1(2) declares that any other law found to be inconsistent with the Constitution shall, to the extent of the inconsistency, be void.
- Establishment of the Organs of Government
The Constitution establishes and defines the three principal organs of government:
- The Executive — Articles 57 to 78
- Article 57(1): There shall be a President of the Republic of Ghana who shall be the Head of State, Head of Government, and Commander-in-Chief of the Armed Forces.
- Article 58(1): Executive authority is vested in the President and shall be exercised in accordance with the Constitution.
Constitutional Supremacy: The Apex Doctrine in Ghanaian Constitutional Law
Introduction
In every constitutional democracy, the Constitution serves as the fundamental legal document governing the state. In Ghana, the doctrine of constitutional supremacy establishes the 1992 Constitution as the supreme law of the land. This principle, clearly affirmed in Article 1(2), ensures that all laws, actions, and omissions whether by public officials, private persons, or entities must conform to the Constitution or be declared null and void.
This review explores constitutional supremacy in Ghana, drawing on relevant constitutional provisions, judicial precedents, and comparisons with related doctrines such as constitutionalism, the rule of law, separation of powers, judicial review, and natural justice. It also analyzes the mechanisms through which constitutional supremacy is maintained and enforced.