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dc.contributor.advisorOshionebo, Evaristus
dc.contributor.authorNgaanuma, Vitus
dc.date2021-11
dc.date.accessioned2021-09-14T20:17:44Z
dc.date.available2021-09-14T20:17:44Z
dc.date.issued2021-09-02
dc.identifier.citationNgaanuma, V. (2021). The Regalian Mineral Ownership Regime and Its Implications for Public Participation in The Mineral Rights Decision-Making Process in Ghana (Unpublished master's thesis). University of Calgary, Calgary, AB.en_US
dc.identifier.urihttp://hdl.handle.net/1880/113869
dc.description.abstractArticle 257(6) of the 1992 Constitution of the Republic of Ghana creates a regalian mineral ownership regime. Every mineral in its natural state within the territory of Ghana is the property of Ghana, and is vested in the president on behalf of, and in trust for, the people of Ghana. The trust relationship created between the president and the people of Ghana regarding mineral rights has been determined by a judicial decision as nominal and, therefore, not justiciable. The research examines the constitutionality of the theory of nominal trusteeship in the regalian mineral ownership regime in Ghana, and its implications for public participation in the mineral rights decision-making process in Ghana. Adopting both doctrinal and interdisciplinary methodologies, the research argues that the theory of nominal trusteeship regarding mineral rights in Ghana that is unenforceable by court action, is unconstitutional and has negative implications for public participation in the mineral rights decision-making process in Ghana. The research recommends that the judicial decision that established the theory of nominal trusteeship regarding mineral rights in Ghana be overturned either through litigation or legislation.en_US
dc.language.isoengen_US
dc.rightsUniversity of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.en_US
dc.subjectMineral ownershipen_US
dc.subjectConstitutionalismen_US
dc.subjectPublic participationen_US
dc.subjectGood Governanceen_US
dc.subjectMining Law of Ghanaen_US
dc.subject.classificationLawen_US
dc.titleThe Regalian Mineral Ownership Regime and Its Implications for Public Participation in The Mineral Rights Decision-Making Process in Ghanaen_US
dc.typemaster thesisen_US
dc.publisher.facultyLawen_US
dc.publisher.institutionUniversity of Calgaryen
dc.identifier.doihttp://dx.doi.org/10.11575/PRISM/39195
thesis.degree.nameMaster of Laws (LLM)en_US
thesis.degree.disciplineLawen_US
thesis.degree.grantorUniversity of Calgaryen_US
dc.contributor.committeememberStewart, Fenner
dc.contributor.committeememberIngelson, Allan
ucalgary.item.requestcopytrueen_US


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University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission.