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Part III The Relationship Between the Judiciary and the Political Branches, 9 Defying Assumptions about the Nature of Power Relations Between the Executive and Judiciary: An Overview of Approaches to Judicial and Executive Relations in Ghana

Kofi Quashigah

From: Separation of Powers in African Constitutionalism

Edited By: Charles M. Fombad

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 07 August 2020

This chapter examines the relationship between the executive and the judiciary in Ghana. The relationship between the executive and the judiciary since Ghana’s independence may be classified according to the attitudes each exhibits towards the other, as follows: a period of outright emasculation of the judiciary by the executive; a period of suspicion and minimal trust; a period of mutual toleration; and a period of self-assertion by the judiciary. An examination of these shows a link between the nature of constitutional protection accorded the judiciary, the executive’s acceptance of democratic values, and the judiciary’s own demonstration of commitment to protecting its independence.

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