British Legislation as a Source of Ghanaian Law: From Colonialism to Technical Aid

Abstract

[British statutes have constituted part of the law of Ghana from the establishment of the colonial legal system in 1874—76 to the present day. As a source of Ghanaian law they fall into seven categories. (1) Legislation by the British parliament or crown after 1874, intended to apply in Ghana. This type ceased to grow when Ghana became independent in 1957, and has now disappeared. (2) "Statutes of general application in force in England" in 1874. Since 1971 this has been restricted to a declining list of specific statutes. (3) Statutes "for the time being in force in England" relating to probate and matrimonial causes and court procedure. These have been almost completely replaced by Ghanaian statutes. (4) Statutes concerning admiralty jurisdiction. These ceased to apply in 1971. (5) Statutes the texts of which have been incorporated in Ghanaian legislation. This class has increased since independence. (6) The statutes of distribution, which govern certain cases of intestacy. (7) Certain sections of the English Law of Property Act, 1925, in force in Ghana from 1971 to 1973. Thus class (5) has increased, while all the others have declined, and in some cases disappeared. Most of the arguments in favour of the application of British statutes in Ghana appear to be invalid or contrary to fundamental governmental policies today. However, there may be force in the view that Ghana can benefit from the investment of drafting skill contained in some British statutes. Of arguments against their application, the strongest seems to be that statutes designed for Britain are unlikely to be suitable for Ghanaian society. The present trend away from the application of British statutes per se, and towards the incorporation of their texts in Ghanaian enactments, suggests that the two arguments mentioned are decisive in decision-making today.]