Legal Control of Discretionary Powers in Ghana:

مرکز و کتابخانه مطالعات اسلامی به زبان های اروپایی

منو

" Legal Control of Discretionary Powers in Ghana: "
Kwadwo B. Mensah

Document Type	:	AL
Record Number	:	1063954
Doc. No	:	LA107583
Call No	:	‭10.1163/2031356X-01402002‬
Language of Document	:	English
Main Entry	:	Kwadwo B. Mensah
Title & Author	:	Legal Control of Discretionary Powers in Ghana: [Article] : Lessons from English Administrative Law Theory\ Kwadwo B. Mensah
Publication Statement	:	Leiden: Brill
Title of Periodical	:	Afrika Focus
Date	:	1998
Volume/ Issue Number	:	14/2
Page No	:	119–140
Abstract	:	This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modern administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Armed with these ‘lenses’ it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto and People’s Popular Party v Attorney General (PPP v AG). It examines the provisions which regulate the use of discretionary powers in the Ghanaian 1993 Constitution and it looks at the choices we have to make from the various theories and the development of the administrative state in Ghana. This paper develops along the following line. First, we shall attempt to explain what discretion is, why it has become very important in the modern administrative state, and the dangers that it poses in a democratic legal system. It then looks at the problems which have to be faced in justifying judicial review of discretion. It takes an in depth analysis of legal liberalism and functionalism. Armed with these ‘lenses’ it attempts to explain the theoretical basis of two important Ghanaian cases, Re Akoto and People’s Popular Party v Attorney General (PPP v AG). It examines the provisions which regulate the use of discretionary powers in the Ghanaian 1993 Constitution and it looks at the choices we have to make from the various theories and the development of the administrative state in Ghana.
Descriptor	:	functionalism
Descriptor	:	Ghana
Descriptor	:	judicial review
Descriptor	:	law
Descriptor	:	liberalism
Location & Call number	:	‭10.1163/2031356X-01402002‬