- 2 Marks
Question
“All the Courts in Ghana have jurisdiction in matters relating to the fundamental Human Rights of every citizen.”
Required:
Explain if the above is a true or false statement in terms of the provisions of the 1992 Constitution of the Republic of Ghana? (2 marks)
Answer
Chapter eleven of the Constitution of the Republic of Ghana 1992, relating to the Judiciary, confers on the High Court under article 140(2) the jurisdiction to enforce the Fundamental Human Rights as guaranteed by the Constitution. The Constitution has earlier in article 33(1) empowered a person who considers that their fundamental human rights and freedoms have, or are being, or are likely to be contravened to apply to the High Court for redress.
The Supreme Court under article 130 (1) of the Constitution of the Republic of Ghana, 1992, provides that subject to the jurisdiction of the High Court in the enforcement of fundamental Human Rights and freedoms as provided in article 33, the Supreme Court has jurisdiction in all matters relating to the enforcement or interpretation of the constitution. Implied therefore, is that the Supreme Court has an interest in matters of Fundamental Human Rights or Freedom.
Thus, under the Constitution of the Republic of Ghana, 1992, it is only the High Court that has jurisdiction in matters relating to Fundamental Human Rights and Freedoms.
- Tags: Constitution, Fundamental Human Rights, Ghana Judiciary, High Court, Jurisdiction
- Level: Level 1
- Topic: Hierarchical Structure of Courts
- Series: MAR 2024
- Uploader: Dotse