The Legal Effect of Executive Confirmation of Findings or Awards by Quasi-Judicial Bodies in Ghana

Abstract

The functioning of society is considerably aided by legal rules and social norms. The extent, scope and complexity of such laws and norms are determined in the final analysis by the level of socio-economic activity, growth and development. Corresponding economic and social institutions of an administrative nature tend to evolve and become intertwined with such developments. In order to cope with increasing responsibilities, a government may establish statutory bodies to deal with certain aspects of governmental activity of a quasi-judicial nature.In developing countries such as Ghana, therefore, one often finds in the Statute books enactments conferring certain powers on quasi-judicial bodies. In Ghana, powers are conferred on such bodies to carry out investigations and make findings of fact concerning such matters as chieftaincy disputes, the determination of boundaries between two communities, the settlement of trade disputes, etc. Perhaps, recognising the limitations of such bodies, the decisions based on the facts found by such bodies do not usually become binding on the persons or the institutions to be affected in die same way as die decisions of the regular courts do. To become binding, the law usually provides that two conditions are satisfied:(i) The findings or decisions must be confirmed by the executive or the minister acting in that behalf; and(ii) they must be published in an official gazette, bulletin or in any such official publication.