Interplay between contract and public law in Ghana: Implications for major construction contracts and transparency
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Issue Date
2017-02-17
Metadata
Show full item recordAbstract
The relationship between infrastructure project owners and their contractors is generally governed by contract law. However, where the project owner is a State, there are often additional requirements from public law to be complied with. The challenges posed by the interplay between public law and private contractual relationships in such context have been highlighted by litigation concerning the effect of a constitutional requirement that any international business and economic transaction to which the Government of Ghana (GoG) is a party is not to become operational without parliamentary approval. Through analysis of five decisions of the Supreme Court of Ghana on the interpretation of this constitutional provision, this piece highlights the devastating consequences that inattention to public law could have on parties who contract with the GoG and its agencies. It also examines the extent to which the judicial interpretation of the constitutional requirement really furthers the interests of transparency and openness that it was intended to promote.Citation
Mante, J. and Ndekrugri, I. 2017. 'Interplay between contract and public law in Ghana: implications for major construction contracts and transparency'. Public procurement law review [online], 2, pages 98-114. Available from: https:westlaw.co.uk.Publisher
Sweet and MaxwellJournal
Public Procurement Law ReviewAdditional Links
https://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=419&productid=6928Type
Journal articleLanguage
enISSN
0963-8245Collections
Except where otherwise noted, this item's license is described as https://creativecommons.org/licenses/by-nc-nd/4.0/