Reflections On The Constitution Law And Development

The book is intended to be a contribution to comparative knowledge on what a final and constitutional court's role and significance are to governance in a developing country. It provides a recently retired judge's insights into the substantive work and function of the Supreme Court in Ghanaian society and Ghana's legal and political system. The book throws light on the role played by the Supreme Court in the development of Ghanaian law and the laying of the foundation for Ghana's constitutional democracy. The establishment of a constitutional democracy in Ghana has been an important factor in the nation's development and the Supreme Court has had an important role to play in this process. It will also be invaluable to both academic and practising lawyers, as well as at non-lawyers interested in the function and operations of the Supreme Court. The study of the Supreme Courts of emerging democracies should be given some emphasis in comparative law. It is hoped that the material contained in this book will contribute to the facilitation of such emphasis.

The author maintains that the Nordic constitutional legal-culture possesses some unique fundamental qualities if compared to common law or Romano-Germanic constitutional systems. The book offers a Nordic comparative perspective on the basic questions of comparative constitutional law. Also, the question of the relationship between judical review and parliamentary system is explored in the light of Nordic experiences. The author analyses the discussion on the - Constitution of Europe in its relation to the Nordic constitutional thinking, and evaluates the possible future of the Nordic tradition in the more tightly integrated Europe of tomorrow. Furthermore, Nordic constitutional thinking seems to be in a crossroads of judicial activism and self-restraint. Nordic Reflections on Constitutional Law brings together the latest development in Nordic constitutional law and highlights its possible role in Europe. Contents: Valid law in comparative constitutional law - Methodology of constitutional comparison - Constitutional foundation of legal system - Separation of powers in Nordic systems - Judicial review in Nordic systems - Nordic family of constitutionallaw - Nordic constitutional tradition and the - Constitution ouf Europe."

Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow

The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.