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The muse for wholesome life. The Universal Declaration of Human Rights recognizes that ‘if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression’, human rights should be protected by the rule of law. That just laws which uphold human rights are the necessary foundation of peace and security would be denied only by closed minds which interpret peace as the silence of all opposition and security as the assurance of their own power.
Ghana, after independence, did not do away with the common law system inherited from the British, and today it has been enshrined in the 1992 Constitution of the country. Chapter four of Ghana’s Constitution, entitled The Laws of Ghanaâ€, has in Article 11(1) the list of laws applicable in the state. This comprises (a) the Constitution; (b) enactments made by or under the authority of the Parliament established by the Constitution; (c) any Orders, Rules and Regulations made by any person or authority under a power conferred by the Constitution; (d) the existing law; and (e) the common law. 127 Thus, the modern-day Constitution of Ghana, like those before it, embraced the English common law by entrenching it in its provisions. The doctrine of judicial precedence which is based on the principle of stare decisis as applied in England and other pure common law countries also applies in Ghana.
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