A Development Fellow in Public Law and Justice, Prof. Stephen Asare, has cautioned courts to avoid construing bright-line rules.
According to him, when the bright lines are messed with, it destroys public confidence in the courts.
Speaking on JoyNews’ Newfile on Saturday, he explained that “Bright-line provisions are those that are framed in such clear terms as to warrant no interpretation or construction.”
He said the Constitution is made up of two provisions namely; broadly framed and bright-line provisions.
“For instance, the Constitution says if you are 18, you have the right to vote under no circumstance should the court say well we know that well if you are 18 you should be allowed to vote but the people from this part of the country are not matured enough therefore purposively they should be allowed to vote when they are 21.
“This happened in the Ayine case where the retirement age is 60 and we have all kinds of games going on. Upholding that somebody who is more than 60 can be appointed to hold office in public service,” he cited.
Prof Asare said the bright-line rules reflect important but settled values therefore “the court must give effect to these bright-line rules without attempting to subject them to broad or purposive interpretation or construction.
“If the Constitution says the voting age is 18, it should mean just that. The people are likely to disbelieve any sophisticated judicial analysis to show otherwise.
“Further, they are likely to view any such sophistry as evidence of judicial partiality and unfairness,” he added.
Latest Stories
-
Investors don’t find Ghana’s oil field or upstream sector attractive anymore – Nana Amoasi VII
4 hours -
We’ll not accept these unscrupulous acts – Kwesi Kwarteng on alleged distribution of expired rice to SHSs
4 hours -
Frimpong Manso wins NASCO Coach of the Month award for October
5 hours -
Kotoko’s Albert Amoah wins NASCO POTM for October
5 hours -
Paradox of Elitism: Why Ghana’s brightest minds fall short in leadership
6 hours -
EPA, UNESCO to advance plan to guard Lake Bosomtwe from further degradation
6 hours -
The Great Exodus: How Ghana’s best and brightest are trapped in a cycle of modern slavery
6 hours -
Ronica Sings returns with ‘Covenant Keeping God’
6 hours -
The Uneven Path Toward Cheaper Digital Remittances: A Focus on Ghana
6 hours -
Ogagus nominated A&R of the Year at the 2024 Beatz Awards
6 hours -
Is Ghana on the brink of becoming a failed state?
6 hours -
There is no order against The Speaker – Thaddeus Sory
6 hours -
I have observed his good and unifying conduct – Kufuor on Bawumia
7 hours -
Bawumia’s understanding of technology and global trends is what we need as a country – Kufuor
7 hours -
It is the way to go – ex-President Kufuor hails Bawumia railway development plan
7 hours