What makes law
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Abstract
the Ghanaian and comparative context is that of prosecutions for the contempt of ‘scandalising the court’. The author approves of the exercise by the Supreme Court of its contempt powers during a period of tension generated by the hearing of a presidential election petition. As the author notes, the determination of the balance between freedom of expression and protection of national security and the due administration of justice may evolve over time. In more tranquil times, judges may take a more relaxed view of scurrilous abuse. In his final chapter, the author offers some concluding reflections. He advocates a purposive interpretative approach to the law which stresses the discovery and assessment of law’s impact on society. Law can then serve the interests of society and become an instrument for social action. Perhaps the author’s most interesting concluding observation relates to the need for an apex court to sustain its leadership role in purposive judicial adjudication by maintaining among its membership a healthy climate of intellectual discourse and tolerance of dissent. The author, who was himself often a dissenting voice, is able to recall with pleasure the remarkable collegiate spirit of the Justices during his decade of service on the Supreme Court. He was evidently not at risk of suffering the alleged fate of Lord Atkin after his judgment in Liversidge v Anderson. I hope that this review has conveyed the flavour of this book which is an enjoyable as well as a stimulating ‘insider’s view’ of the judicial process at the highest level.