HENRIETTA MENSA-BONSU and PHILIP ATTUQUAYEFIO I. INTRODUCTION Governance based on laws has long been established as critical to the development of democratic societies. Such societies therefore invest substantially in developing and sometimes codifying a body of laws for the purposes of governance as well as to guide the interactions of its citizens. Beyond the existence of the body of laws, the principles of equality and justice in the application of the law are central to all democratic societies. In Ghana, the preamble of the 1992 constitution states the cardinal principles of equality and justice by indicating the purpose for the adoption of the constitution as `. . . to establish a framework of government which shall secure for ourselves and posterity, the blessings of liberty, equality of opportunity and prosperity'.1 Thus, with the exception of statutory or constitutional provisions granting exceptions to the President and Members of Parliament during the execution of their parliamentary functions, equality in the application of the laws of the land is assumed in all instances. In practice, however, ensuring equality in the implementation of statutory provisions has been confronted with challenges. A number of reasons have been suggested as accounting for these challenges.
African Journal of International and Comparative Law – Edinburgh University Press
Published: Nov 1, 2016