FIVE QUESTIONS ANSWER ALL QUESTIONS
a) In enforcing its judgment, the high court in Ghana uses quite a number of ways which are applied in order to serve justice to the complainants. In illustrated terms, discuss at least four of such ways. AN (10 Marks)
b) Participation is the process during which individuals, groups and organizations have the opportunity to become actively involved in a given activity, program or litigation. Establish the difference between any two types of participation that exist in court processes. AP(5 Marks)
c) COVID-19 cases are still on the rise in Ghana. In an attempt to curb the further spread of the disease, government through the parliament intends to enact laws that will make citizens more responsible and ensure that everyone adheres religiously to all safety protocols. Briefly discuss any three main characteristics of such laws.
1. Legitimacy; this is a local concept of justice applied in the law court of Ghana.
Legitimacy is defined as a belief by citizens in the right fullness of authority.
2. There is use of popular ideas, evidence of the mass survey
The survey of popular opinion on Justice and dispute settlement interviewed 800 respondents selected randomly from the two case study districts and random selection of individuals within households.
3. The litigants experience of dispute settlement.
To what extent were the views expressed in the representative popular survey shared by litigants who were involved in a case before one of the selected DSIs.
4. Congruence between popular concepts of Justice and the procedures of DSIs
The evidence of both the mass survey and the interviews with the litigants show that, whatever the kind of case, what people seem to value most strongly in a judge perceived to be impartial and competent, who can ensure that the true facts come out and the disputing parties are given a fair chance to present their stories.
Participation refers to how everyone in the society is given a voice and opportunity to verbalize their opinions and concerns and have a role in any decision making that affects their livelihood and standards of living.
These are two types of participation that exists in the court processes.
I) Conceptualizing participation.
It describes that participation is dependent upon the protection of the Court user’s we’ll being. Court users can participate effectively only if they feel safe and reasonably comfortable within the court’s environment and are protected from intimidation or excessive fear and distress.
It also describes that the court users has got to be able to express themselves. They’ve got to know what they should be saying and what documents they should be producing.
II) Lay participation.
A lay is someone ordinary without a higher rank. Maybe illiterate. Lay participation includes the description of the development and evaluation of special measures for vulnerable and intimidated court users and the guidance available to practitioners to improve their communication with court users and support participation. It entails the vulnerability in law.
Vulnerability in law stipulates proceedings where it is deemed proper that a person should participate and thereby undermine the right to a fair trial and access to justice. The act specifies that the court can take measures to support a vulnerable witness as defined under section 16 of the YJCEA.
Age of under 18 years.
Mental disorder( as defined by the mental health act 1983)
Significance impairment of intelligence or social functioning
Witness who are intimidated and needs assistance on grounds of fear or distress about testifying.
The government of Ghana intends to enact laws to curb the spread of covid 19 pandemic. These laws belong to the Imposition of restriction act. They include the state of emergency declarations, quarantine measures, disease surveillance, legal measures relating to mask-wearing, social distancing and access to medications and vaccines.
Characteristics of the laws include;
1. Government is allowed to temporarily suspends the exercise and enjoyment of some ights, in this case, movement.
2. Restrictions have been placed on hosts of events, including public and social gatherings.
3. The country’s borders have been shut and partial lockdowns imposed in Greater Accra, Tema, Kasoa, and Greater Kumasi.