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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Assessors in criminal trials in Ghana: a study from without
Author:Macaulay, S.
Year:1963
Periodical:Journal of African Law
Volume:7
Issue:1
Pages:18-46
Language:English
Geographic term:Ghana
Subject:criminal procedure
Abstract:After an introduction on the history and present position, the author deals with problems of precedent to the taking of evidence, problems arising during the taking of evidence and problems subsequent to the close of the evidence. Although the Constitution of 1960 replaced the Court of Appeal and the Judicial Commitee of the Privy Council by the present Supreme Court, which is 'in principle....... bound to follow is own previous decisions on questions of law' (art. 42, section 4), the author submits that the decisions of the former superior courts as well as those of such courts in other Commonwealth countries in Africa 'ought to be entitled to respect in that court and ought to be followed so far as they can be conveniently applied to conditions in Ghana, unless the Court is of the view that such decisions are in conflict with what it regards as a fundamental principle'. He refers therefore to decisions of the said courts in so far as they relate to the procedure and practice in assessor trials.
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