Constitutionalism in Ghana does not depend on an exclusive conventional political understanding of the quality of the law, its limitation and the test of legality.
Under the framework of our current Constitution, His Lordship Justice Yonny Kulendi, Justice of the Supreme Court said constitutionalism must be independent of any parochial understanding of what law is and how the law limits the official actions of the country.
This, he noted, is the basic position on the principles of constitutionalism and must remain the collective aspirations to be upheld and enforced by the court of law.
Arguing in essence that Law is the best safeguard against abuses of state power and elements of constitutional must be apprehended.
“Popular sovereignty, separation of powers with checks and balances, the rule of law, responsible and accountable government, an independent judiciary, independent media, respect for individual rights and freedoms, respect for self-determination, civilian control of the military, police govern by law and judicial control, judicial review of all actions. If one of the above elements is bridged, undermind or neglected to be applied to or disregarded constituted a cheap to the layers and quality of the concept of constitutionalism. It is immaterial that some sense of these principles is observed as a matter of principle, it is important that the sense of the elements observed is sufficient to balance the healthy existence of the need to exercise official governmental power or authority for the public and the protection of individual rights and freedoms”.
Justice Yonny Kulendi
His Lordship Justice Yonny Kulendi made this observation at the 2nd SRC public lecture and launch of the 62nd law week at Ghana School of Law, Greenhill Campus on the topic “Constitutionalism: The Case of Ghana”.
He further stated that “Judicial duty properly performed should not deform citizens’ hope and optimism of the Republic in the protection of fundamental human rights and freedoms. Again judicial duty should not deform negative, the reality of good governance in the state. Hope for truth actualization of true constitutionalism is in all of us and we must stay alive to its callings and demands”.
Mr. Philip Jude Mensah, Deputy Commissioner in charge of Legal Affairs, Treaties and Compliance at the Ghana Revenue Authority speaking on behalf of Commissioner-General Rev. Dr Ammishaddia Owusu-Amoah advised the law students to turn an eye to the practice of taxation.
He said only few lawyers are practising taxation in the country which calls for the need for law students to practice taxation.
