Many law students lose valuable marks on assignments and examinations without realising why. They present well-reasoned arguments, cite relevant cases, and identify key issues, yet fall short of top grades.
The hidden culprit? Citing legal authorities in the wrong order. When answering legal problem questions or drafting submissions, the sequence in which you cite your authorities demonstrates your understanding of legal hierarchy. Under the legal framework of Ghana, citing legal principles requires a structured, top-down approach.
The Hierarchy of Laws in Ghana
Under Article 11(1) of the 1992 Constitution, the laws of Ghana comprise:
1. The Constitution
2. Enactments made by or under the authority of the Parliament established by the Constitution (Statutes and Subsidiary Legislation)
3. Any Orders, Rules, and Regulations made by any person or authority empowered under the Constitution
4. The existing law
5. The common law (including customary law and doctrines of equity)
While Article 11(1) outlines what constitutes the laws of Ghana, it also establishes a functional order of priority that must govern your legal writing and examination answers.
The Correct Order of Authority for Legal Writing
When addressing any legal issue, structure your legal authorities using this four-step hierarchy:
| CORRECT CITATION HIERARCHY |
| 1. CONSTITUTIONAL PROVISION (Supreme Law — Always start here where applicable) |
| 2. STATUTORY PROVISION (Acts of Parliament & Subsidiary Legislation) |
| 3. CASE LAW / JUDICIAL PRECEDENT (Supreme Court & High Court Interpretations) |
| 4. COMMON LAW & EQUITY (Foundational principles & customary rules) |
1. Constitutional Provision (First)
The Constitution is the supreme law of Ghana under Article 1(2). Any law found to be inconsistent with it is void to the extent of the inconsistency. If your legal issue touches on fundamental human rights, fair trial, bail, or statutory validity, always ground your opening premise in a constitutional provision.
2. Statutory Provision (Second)
If an Act of Parliament governs the matter (such as the Criminal Offences Act, 1960 [Act 29], the Companies Act, 2019 [Act 992], or the Courts Act, 1993 [Act 459]), cite the specific statutory section directly after the constitutional framework.
3. Case Law (Third)
Judicial precedents interpret statutes and constitutional provisions. Use relevant judgments from the Supreme Court, Court of Appeal, or High Court to illustrate how judges have applied the statutory or constitutional rule to specific facts.
4. Common Law Rules (Fourth)
Where statutory provisions or local precedents do not fully cover an issue, rely on foundational common law doctrines, equitable principles, or authoritative legal treatises as persuasive support.
Why Citing Out of Order Costs You Marks
Citing a case before a statute or ignoring an applicable constitutional provision entirely tells your examiner that you do not understand the doctrine of constitutional supremacy or the structure of legal validity.
Examiners look for candidates who analyse legal problems from first principles. By grounding your IRAC analysis in the constitutional and statutory framework before bringing in case law, your arguments carry immediate authority and structure.
Key Takeaway: Always cite the highest source of law first. Under Article 11(1) of the 1992 Constitution, arguments should flow from Constitutional provisions down to statutes, case law, and common law rules. Citing a judicial decision before an applicable constitutional provision signals a weak grasp of constitutional supremacy.
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