n Law, Democracy & Development - Legitimacy and interpretation in Ghanaian law : the literal interpretation theory versus the value-based interpretation theory
|Article Title||Legitimacy and interpretation in Ghanaian law : the literal interpretation theory versus the value-based interpretation theory|
|© Publisher:||University of the Western Cape|
|Journal||Law, Democracy & Development|
|Author||Kwadwo B. Mensah|
|Publication Date||Jan 2004|
|Pages||139 - 156|
|Keyword(s)||Barrister and Solicitor of the Supreme Court of Ghana and Member of the New York Bar|
What should the courts do when they are called upon to interpret important documents, such as statutes and constitutions? Should they interpret them literally - using the words of the document alone, even when a literal interpretation leads to unjust results or arbitrary consequences? Or should interpretation necessarily involve protecting and promoting certain background political and moral values - values that are cherished in Ghanaian or African society? We shall call the problem raised here the problem of Interpretation.
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