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Remedies for breach of the Constitution in Ghana case law.

1 passage from 1 case, grouped by point of law. Each passage is in the court's own words and links to the place in the judgment.

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Orders under Article 2(2)

Ghanaian constitutional jurisprudence acknowledges that remedies for constitutional violations should be effective yet proportionate. The Constitution in Article 2(2) empowers this Court to make “orders and directions” as may be necessary to give effect to its declarations. This provision gives us a broad discretion to shape remedies that fit the circumstances of each case. It does not follow that in every instance of a law being void, all acts done under that law must be undone.

MENSAH THOMPSON & ASEPA VRS. ATTORNEY-GENERAL WRIT NO. J1/20/2023 [2026] SLR (SC) 24 · Supreme Court · 2026 · TANKO AMADU JSC

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More in Constitutional Law: Amendment of the Constitution Chieftaincy Declaration of assets by public officers Directive Principles of State Policy Emoluments of article 71 office holders Freedom of expression Fundamental human rights and freedoms Independent constitutional offices Judicial review of legislation Legislative power of Parliament Legislative process Original jurisdiction of the Supreme Court Parliament Prerogative of mercy Public services Qualification for membership of Parliament Recommendations of advisory bodies Reference of constitutional questions under article 130(2) Removal of judges Retrospective legislation Right to vote Separation of powers Supremacy of the Constitution The Judiciary

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