What are the four sources of law in Ghana?

The law has been defined as a collection of rules binding on specified persons,
made and altered only by certain institutions and enforced by the machinery
of the state.
The Farlex Legal Dictionary also defines Law as a body of rules of conduct of
binding legal force and effect, prescribed, recognized and enforced by
controlling authority.

H.LA Hart in his work, the concept of law, identifies law has having several
sources. For example in the US the sources of law are numerous, it includes
constitutions, legislatures, executives, judiciaries, administrative agencies, and
international organizations. In the same sense laws in Ghana have a number of
sources. The sources of laws in Ghana ranges from the ultimate source of law
Ghana’s 1992 constitution to common laws in Ghana.

According to the laws of Ghana shall comprise -: the 1992 constitution,

enactments made by or under the authority of the Parliament established by the
1992 Constitution, Any Orders, Rules and Regulations made by any person or
authority under a power conferred by this Constitution, the existing law and the
common law.

First, The 1992 constitution: The 1992 Constitution of Ghana was approved at
the Referendum held on April 28, 1992 and promulgated by the Constitution of
the Fourth Republic of Ghana (Promulgation) Law, 1992. It was last amended
in 1996 by the Constitution of the Republic of Ghana (Amendment) Act, 1996.
The 1992 Constitution is Ghana’s fifth constitution since independence from the
United Kingdom in 1957 after those of 1957, 1960, 1969 and 1979. 1

The 1992 Constitution of Ghana is the supreme source of law in Ghana. No

other law can be inconsistent with any provision of the constitution to the extent
of the inconsistency, be void. Ref. Article 1 (2)

Second, the Enactments made by or under the authority of the Parliament

established by the 1992 constitution. These are laws that are made by the
Parliament; the parliament is responsible for passing bills and ratifying them into
laws. For example: The Local Governance (Amendment) Bill, 2017; An Act to
amend the local governance act 2016 (Act 936) to provide for the discretion of
the President to revoke the appointment of an appointed member of a District
Assembly.

Energy sector levies (Ammendment) Act, 2017; An Act to amend the energy
sector levies Act , 2015 (Act 899) to repeal paragraphs ( a) and (b) of sub
section (2) of section 4; to provide for a reduction in the rate of levies for public
lightining and the national electrification scheme on petroleum products, and for
related matters.

1 U.S Library of Congress, http://countrystudies.us/ghana/100.htm

Third, Any Orders, Rules and Regulations made by any person or authority
under a power conferred by this Constitution

According to the 1992 constitution, Any Order, Rule or Regulation made by a

person or authority under a power conferred by this Constitution or any other
law shall— (a) be laid before Parliament; (b) be published in the Gazette on the
day it is laid before Parliament; and (c) come into force at the expiration of
twenty-one sitting days after being so laid unless Parliament, before the
expiration of the twenty-one days, annuls the Order, Rule or Regulation by the
votes of not less than two-thirds of all the members of Parliament.
For example: Acts of Parliament and Delegated legislation. Acts of Parliament
are passed by parliament itself. Examples include the minerals and mining law,
1986 (PNDC L 153)

Fourth, Existing laws: Accoridng The existing law shall, except as otherwise
provided in clause (1) of this article, comprise the written and unwritten laws of
Ghana as they existed immediately before the coming into force of this
Constitution, and any Act. Decree, Law or statutory instrument issued or made
before that date, which is to come into force on or after that date. 2
Examples of Existing Laws: Laws of the Gold Coast (1951 REV); ii) The 1952 –
1957 ordinance of Gold Coast; iii) 1957 – 1960 Act of Ghana iv), 1960 – 1966
Act of first republic; v) 1966 – 1969 Decrees of National Liberation Council. 3

Fifth, Common laws: According to 1992 constitution, The common law of Ghana
shall comprise the rules of law generally known as the common law, the rules
generally known as the doctrines of equity and the rules of customary law
including those determined by the Superior Court of Judicature. An example of
common law is a rule that a judge made that says that people have a duty read
contracts.

2 1992 constitution, chapter 4, (7)

3

http://www.academia.edu/15853978/THE_LEGAL_ENVIRONMENT_OF_BUSINESS
_AND_THE_SOURCES_OF_GHANAIAN_LAW