Ghana Justice Sector and the Rule of Law

Ghana Justice Sector and the Rule of Law
Author:
Publisher:
Total Pages: 180
Release: 2007
Genre: Justice, Administration of
ISBN:

Ghana: Justice Sector and the Rule of Law provides a comprehensive review of the justice sector in Ghana. It includes chapters on the legal and institutional framework, management and oversight mechanisms, criminal justice and access to justice. The review is an essential resource for all actors interested or involved in justice sector issues in Ghana.

Impacts of Mob [In]Justice on the Rule of Law in Ghana

Impacts of Mob [In]Justice on the Rule of Law in Ghana
Author: Mawuloe Koffi Kodah
Publisher: GRIN Verlag
Total Pages: 22
Release: 2012-02-15
Genre: Political Science
ISBN: 3656133263

Research Paper (undergraduate) from the year 2012 in the subject Politics - Region: Africa, , course: Governance and Public Policy, language: English, abstract: This paper studies the practice of mob violence in the name of justice, and its implication to the rule of law in Ghana. The study is divided into three major part parts. The first part examines a number of conceptual issues of justice which serve as framework for the study. The second part evaluates a number of possible causes that elicit recourse to mob violence as a way of seeking equity and fairness. It also brings out the possible impacts of the practice on the rule of law, good governance and sustainable democratic development in Ghana. The paper rejects mob violence, “mob justice”, as an acceptable way of seeking justice, in the third part. This is done, taking cognizance of the conceptual framework set at the beginning. In effect, the paper turns the paradigm upside down, thus making of “mob justice” mob injustice. Consequently, the paper makes a number of recommendations that should be considered in an attempt to put an end to the practice in order to uphold the supremacy of the rule of law needed for the entrenchment of democracy and good governance in Ghana.

Customary Justice and the Rule of Law in War-torn Societies

Customary Justice and the Rule of Law in War-torn Societies
Author: Deborah Isser
Publisher: US Institute of Peace Press
Total Pages: 402
Release: 2011
Genre: History
ISBN: 1601270666

The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies
Author: Yin, Elijah Tukwariba
Publisher: IGI Global
Total Pages: 265
Release: 2021-06-18
Genre: Law
ISBN: 1799878996

The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law
Author: Maurice Adams
Publisher: Cambridge University Press
Total Pages: 559
Release: 2017-02-02
Genre: Law
ISBN: 1316883256

Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Mozambique

Mozambique
Author:
Publisher:
Total Pages: 164
Release: 2006
Genre: Justice, Administration of
ISBN:

This discussion paper is based on a comprehensive report on the Mozambican legal system entitled Mozambique: Justice Sector and the Rule of Law (the main report). The main report is the product of a year-long, questionnaire-based research project that solicited views and information from judicial and government officials, civil society actors, academics, politicians, ordinary citizens and donors. It is one of a series of reports on Mozambique to be produced by the Africa Governance, Monitoring and Advocacy Project (AfriMAP), a project of the Open Society Foundation (OSF), and the Open Society Initiative for Southern Africa (OSISA). AfriMAP is also producing reports in South Africa, Malawi, Ghana and Senegal. The idea behind is to conduct audit of African governments' compliance with African and international standards on human rights and good governance, including the commitments made in national constitutions. The reports are intended to be a resource for practitioners and human rights activists in the countries concerned, and for those working in other African countries, to improve respect for human rights and democratic values on the continent.

Kenya

Kenya
Author: PK Mbote
Publisher: African Minds
Total Pages: 210
Release: 2011
Genre: Justice, Administration of
ISBN: 1920489185

The premise of this report is based on Kenya's policy blueprint, Vision 2030, which places rule of law at the center of its goals. It was commenced at the same time as the nation was recuperating from the post-election poll, which resulted in many Kenyans expressing disappointment at the nation's democratic institutions. The study, produced by AfriMAP and the Open Society Initiative for Eastern Africa, examines and makes recommendations for the following topics: justice sector and rule of law; legal and institutional framework; government track record in respect to rule of law; management of the justice system; independence of the bench and bar; criminal justice; access to justice; and the role of donor agencies.