Answer to Question #174481 in Sociology for Kwame Hayford

Question

Question 4

a) Laws are established rules that describe the ways in which people are required to act in their relationships with others within a society. These laws are derived from five sources. With clear examples discuss any three of them. AP(10Marks)

b) Several actors are involved in court processes in the Ghanaian legal system. Briefly establish the different roles these actors play in ensuring that court proceedings are viable.

EV(10Marks)

c) Clearly establish the difference between certiorari and prohibition.

Answer 1

Laws are established rules that describe the ways in which people are required to act in their relationships with others within a society.

The various sources of laws that help do the same are:

- Constitutional law:

The purpose of this law is to regulate government action. All individuals are protected by the constitution but they don't have to follow it.

Example:

Having a proper relationship with the citizens of the country who actually act to exercise proper constitutional rights.

- Statutory Law:

Constitution applies to Government action. Statutory law applies to regulate private or individual actions. It is inferior to constitutional law.

Example:

Food and Drug administration is an example of statutory law

- Case Law:

When a rule is on a particular case, it is called the case law.

Example:

Common laws

Role of state actors in the Ghanaian legal system:

Roles were assigned to:

- Prevent political interference from obstructing any work

- Preventing any practice that violates the human rights

- Mutual and peaceful education process

- Trust and confidence building

- Sharing of information

- Pooling of resources

Difference between certiorari and prohibition:

Prohibition: This is when supreme court issues something to an inferior court to prevent it from doing its jurisdiction and to compel it to remain within limits of jurisdiction.

certiorari : This is issued against any body enjoying the legal authority and further, through this, the body has the power to scrutinize the legal rights and duties and further related matters.