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The US–Ghana Deportation Agreement and Article 75 of the 1992 Constitution: A Constitutional and Theoretical Appraisal
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News – MyJoyOnline
Some officials of government have also argued that the deportation agreement with US is a Memorandum of Understanding (MOU) and as such does not fall under Article 75 of the 1992 Constitution.
Theoretical ExplanationThe incorporation of international law into national law or the visa versa, is grounded in two competing theories: “monism and dualism”.
Dualism is a theory in international law that holds that international law and domestic law are two separate legal systems.
For it to affect Ghanaians’ rights and obligations domestically (e.g., rules for deportations, cooperation measures), it must go through Parliamentary ratification under Article 75.under Article 75.
Judicial Interpretation and Case LawThe Supreme Court has had the opportunity to interpret Article 75 and its implications for Ghana’s treaty-making process.
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