The Law and the Purse
Discussion of Legal issues in both Temporal and Law Superior. as well as Judgments, Rulings and opin
The Supreme Court's ruling on the role of Persons other than the Speaker of Parliament presiding at its sittings has generated more heat in commentaries, approbation, opprobrium and critique from as diverse sources as the diverse interests presents. It's to garner parliamentary support to facilitate the passage of the equally controversial E LEVY BILL some say.
Grounds - Until the brouhaha treated by the Bill even the 1st Deputy Speaker had unequivocally declared that PERSONS PRESIDING at parliamentary sittings were defacto SPEAKERS of Parliament and their non partisan role wasn't different from that of the Speaker. They forgo their right as MPs to vote on issues when they accept the perks and the honour par excellence that attach to the office they hold.
It is the issue of numbers now at par in Parliament -137a piece less the Speaker ir any presiding.
Others give it a Constitutional twist to warrant judicial interpretation to resolve the issues arising from a hung parliament and the President suddenly found his voice in praising the Daniel Ruling of the Parliament on an application for interpretation on the role of persons presiding. The Speaker is said to have suddenly found strength in his sick bed in a Dubai Hospital to vilify the ruling and urge tge plaintiff to seek a review of what he and others consider to be a miscarriage if justice thinking the Apex Court had removed the albatross in the favour of the Ruling Government or party.
But what actually did the Supreme Court in its unanimous Ruling say? Did the Alex Court interfered with the Sovereignty of Parliament jn the discharge of its Constitutional mandate as the only true representatives of the people of Ghana - of course the president is also a true. representative of all the people of Ghana-not segments threof-
Let's pause to read the Ruling...and try to understand what the Honourable JURISTS in the plurality of their hand meant....
The battle between the law and the purse started in heaven was transfered with the losers to the planet Earth. Operationalising the concepts LAW and PURPOSE for the sole purpose if this writeup would help contain extremes and perhaps wild speculations.
THE LAW in this context would include the normative pattern guiding behaviour and promoting Societal values and setting out the means for attaining these values.
In Ghana the grund norm the fundamental law from which all laws regulations and determinations derive their legitimacy is THE CONSTITUTION 1992. The sounce and the owners of the Constitution are the people of Ghana
HOW DO THEY CAME TO OWN IT? Let me take you back to yhe days when Hordle holds ethnic groups town and aggregations of people lived under parents who by birthing them sort of own them. And have a duty to brinh them up through their shared value system.
You might have to eat with your tight hand because you were brought up to accept it as the norm -Right was right left was wrong. So you dint accept anything with your left hand nor do you give out with same. I was with friends at the KIA to see Presudent Obama emplabe Air Force 1off the tarmac Obama turns at the entrance to acknowledge the cheers with hisa wave of his LEFT HAND. Whaaat
So the preamble of the Supreme LAW of Ghana traces the events from the CONSULTATIVE ASSEMBLY terminating in the submission of the draft constitution on 31st March 1993 to the Military government which had usurped the peoples right given them by the OWNER OF all that has life and or existence invlufing ALL DPITIT BEINGS AND HUMAN BEINGS to have dominion over the planet Earth see the Book of the beginnings Genesis chapter Number 1 verses 26 through 28.
This was followed by giving the people a right to bond themselves by the content of the Constitution through a referendum which made the draft come into force as the supreme law of Ghana on 7th January 1993 after a Proclamation of it to be so by the PNDC.
ARTICLE ONE ANNOUNCES THE SOURCE
Wait for the real stuff.
COUP AND COUPISTS more often than not respectively occur and operate where the law is made to stultify development and prevent near equitable distribution of wealth.
Then are the Courts and indeed the judicial systems misapprehension of the ROLE of the law and rather its infatuation with the fiction christened THE RULE OF LAW has bred lawlessness and made it more rewarding to be lawless and Corrupt than otherwise.
It's said and justifiably so that Dr Kwame Nkrumah Ruled by Law . And the race to control the Legislature globally, is the crave for the abuse of the usage of the Law so the law can facilitate dictatorship in a multi party parlianentary first past the post system. Nationalism was aroused often through Sports and games. WHY AND HOW ?
Subsequent write ups will support these submissions. Let the Legislators talk ,the Law Lecturers in Ethics and jurisprudence AND THE JURISTS
The Law regulates behaviour but dies not change it The Law serves as a tool for development and as incentive for socially acceptable conduct. Its reward and punishment system is a great tool in Economics for effective deployment of resources for national development.
Strangely the Law is more associated with punishing negative behaviour. Its sadly associated with the Police and imprisonment.
Why do people risk lives in Galamsey or travelling through through the valley of the shadow of death to Eutope through the Sahara than engaging in say farming or agriculture generally.
Why do people prefer egaging in selling and wearing used underwear than making them?
Why do people leave fertile lands to sleep on the streets in the cities ?
The true answers are found in what the law is used for and what informs the direction of law making
It is posted that it is the wrong apprehension of the Role of the Law and not the Rule if law that determines a nations destiny.
O in? in through the Sahara Hence in redistribution of rection in the cysevifvresoyrcestimulate social engineering
Click here to claim your Sponsored Listing.
|Tuesday||09:00 - 17:00|
|Thursday||09:00 - 17:00|
5 Adenkum Road
FRANKLYN AND PARTNERS firm is an immensely vibrant and diverse full-service Corporate and Commercia
19 Brian Avenue
*Business, Technology, Media & Entertainment Law. * Providing Business & Legal Services, Business F
Law Student || Digital Adexpert by ALEPH GROUP || Turkish Private Universities Consultants.
60a Westlands Boulevard, West Legon/
Business Attorneys and Consultants
Unit, 1B Sixth Circular Road
A full-service firm, with knowledgeable and experienced lawyers who can handle a variety of legal i
10 Plange Close
Nartey Law Firm is a law firm in Ghana providing top-tier legal services to its clients
Suite No. 303, Christman House, Kofi Annan Street/Airport Residential Area
Our reputation is built on work ethics that prioritize first class professionalism
Notary Public, 64 Mango Tree Avenue
We are a firm of Barristers and Solicitors based in Accra, Ghana and we provide a wide range of lega
Our mission is to provide pragmatic, prompt, adequate, and effective legal representation and adviso