| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| May 31. 2023. | Supreme Court of Ghana | State of emergency | The Supreme Court of Ghana held that the special authorization provided by the Parliament for the president of the republic in March 2020. was unconstitutional. | The Parliament passed a law in March 2020. to authorize the president of the republic to declare state of emergency and to impose extraordinary restrictions of fundamental rights during this period. Law professors and journalists challenged this decision and argued that this authorization contradicted with the constitutional framework of state of emergency and granted for the president of the republic an overstrong power to establish and maintain the emergency framework. The Supreme Court agreed with the claimants and in May 2023. unanimously nullified the challenged act as unconstitutional because it disregarded the constitutional safeguards attached to state of emergency and granted for the president of the republic unillateral power to restrict fundamental rights without parliamentary approval and/or judicial review. |
https://www.graphic.com.gh/news/general-news/supreme-court-decision-on-covid-19-law-victory-for-democracy-plaintiffs.html; https://gna.org.gh/2023/05/governments-imposition-of-covid-19-pandemic-restrictions-unconstitutional-supreme-court/; https://www.africanlawmatters.com/blog/righting-wrongs-ghanas-supreme-court-declares-a-covid19-induced-law-unconstitutional |
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