The Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum after 92% support.[1][2] It defines the fundamental political principles, establishing the structure, procedures, powers and duties of the government, structure of the judiciary and legislature, and spells out the fundamental rights and duties of citizens. It is made up of 26 chapters, not including the preamble.[3]
Since its independence in 1957, Ghana has undergone several major changes in both the type of government and the democratic government itself.[5] Ghana was first declared a Republic in 1960 under the premiership of Kwame Nkrumah.[5] By 1964, Ghana had transitioned from a republic to a one-party state with a presidential system where rights of the citizenry were eroded and political participation completely banned.[6] Ghana would have an unstable political environment with several military takeovers in 1966, 1972, 1978, 1979, and 1981 despite the establishment of democratic administrations in 1969 and 1979.[5] On April 28, 1992, a referendum was launched that approved the 1992 Constitution forming the current Ghanaian Fourth Republic.[7] The 1992 Constitution was based upon the democratic principles established by the 1957, 1969, and 1979 Constitutions as well as 258 member Committee of Experts, who submitted a slew of Constitutional proposals that would be approved by the Consultative Assembly.[7] The 1992 Constitution provided for the greater freedom of the press and human rights guarantees, a similar executive branch to the US with the president being elected in four-year terms, and the reinforcement of a unitary government while allowing for local governments.[6] The Fourth Republic's first government was officially sworn in on January 7, 1993.[7]
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Ghana's 1957 Constitution resembled the parliamentary democracy of Britain: where executive power was vested in the Queen and the Governor-General as her representative; the Cabinet was composed of members of Parliament; and Parliament as the main legislative that controlled Ghana's Government.[8] The Constitution of 1957 formed Regional Assemblies: guaranteeing the establishment of the office of the Chief, "House of Chiefs" for each Region, and State Council to determine constitutional matters within the Region.[8]
Before the inauguration of the first government of the Third Republic Constitution, Ghana established a "National Government" that would rule as a transitory government for "at least" four years.[11] The Third Republic instituted a decentralized style of government through the creation of regional commissioners with cabinet standings, controlling the policy initiative of the locality and ideally balancing ethnic interests.[12] The constitution established a provision that protected media outlets against censorship and afforded equal opportunities in state-run media outlets.[13]
The introductory statement of the Ghanaian constitution. Guarantees the Principle of Universal Adult Suffrage; Freedom; Justice, Probity, and Accountability; and the protection and preservation of Fundamental Human Rights and Freedoms, United and Stability.[14] The 1992 constitution drew primarily from the lessons from the previous 1957, 1960, 1969 and the 1979 constitutions and the British and United States constitution models, the preamble states clearly what the 1992 Ghanaian Constitution will employ when incorporated as the supreme law of Ghana.[15]
Article 11 establishes that Ghanaian law shall consist of the Constitution, legislation, subsidiary or subordinate legislation, existing laws before the 1992 Constitution, and finally common law.[16] This article establishes where Ghanaian Law would be derived from and by extension made. Article 11 establishes each governmental branch's contribution to the legislation and judiciary.[16]
Article 29 establishes the rights of the disabled to access educational opportunities and protections against institutional abuse.[17] Clauses 1 to 4 describe the rights of the disabled and detail the disabled's protections against discrimination and abuse as defined by Article 17 of the constitution.[17] Clause 5 guarantees the disabled as a party in their own judicial proceeding while factoring the court factors in the disabled person's mental and physical capacity.[17] Clauses 6 and 8 guarantees the right of the disabled to have access to public and private facilities without discrimination, with clause 7 establishing special incentives for business that engage or employ disabled people in significant numbers.[17] Clause 8 establishes that parliament shall laws ensure the enforcement of Article 29 and all of its clauses.[17]
The 1992 constitution, as the supreme law of the land, provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. Through its system of checks and balances, it avoids bestowing preponderant power on any specific branch of government. Executive authority is shared by the president, the twenty-five member Council of State, and numerous advisory bodies, including the National Security Council. The president is head of state, head of government, and commander in chief of the armed forces of Ghana. He also appoints the vice president.[20]
The structure and the power of the judiciary are independent of all other branches of government. The Supreme Court has broad powers of judicial review; it rules on the constitutionality of any legislative or executive action at the request of any aggrieved citizen. The hierarchy of courts derives largely from British juridical forms. The hierarchy, called the Superior Court of Judicature, is composed of the Supreme Court of Ghana, the Court of Appeal (Appellate Court), the High Court of Justice, regional tribunals, and such lower courts or tribunals as parliament may establish. The courts have jurisdiction over all civil and criminal matters.[20]
The 1992 constitution, like previous constitutions, guarantees the institution of chieftaincy together with its traditional councils as established by customary law and usage. The National House of Chiefs, without executive or legislative power, advises on all matters affecting the country's chieftaincy and customary law.[20]
All five Constitutions of Ghana since independence have been fortified by an array of constitutional concepts and theories. One of such fundamental concepts is the doctrine of separation of powers. In Ghana, the operation of separation of powers has been in varying degrees, each tied in with its merits and demerits. The 1979 Constitution of Ghana adopted the American model of the concept thus establishing a Presidential system of government where each arm exercises power to the exclusion of the others and no member of one arm of government belongs to the other. The renaissance of constitutional democracy in the Fourth Republic gave rise the Constitution, 1992 which embraced the hybrid system of separation of powers. The hybrid system in the 1992 Constitution has been disapproved as being an unusual hybrid system, which I label as hyper-hybridization. This comparative study proves that the assertion that the form of separation of powers under the 1979 Constitution was more enhanced than that which is currently employed under the 1992 Constitution. The hyper-hybridization of the latter has resulted in executive supremacy, a rubberstamp legislature and a partially independent judiciary which is inimical to our democracy. For this reason, the 1992 Constitution ought to be reviewed to either restructure the system of separation to produce a balanced hybrid system or adopt the 1979 form of separation of powers. This will unshackle the encumbered climate of constitutionalism in Ghana.
ACCRA, GHANA, APRIL 28 -- Voters in this West African nation went to the polls today in a referendum on a new constitution that would pave the way for multi-party democracy after a decade of military rule.
Final results were not expected until Wednesday, but the draft constitution appeared set for overwhelming approval. Both the ruling Provisional National Defense Council, headed by Flight Lt. Jerry Rawlings, and most of the opposition actively campaigned for a yes vote.
Approval of the constitution would set the stage for the lifting of a decade-old ban on political parties on May 18, the planned start of campaigning for November presidential elections and December parliamentary polls. Rawlings has promised to hand over power to a civilian government in January.
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Government sponsored policy reforms that argue cocoa farmers should have rights over all trees growing on their farms are a significant and positive step in the right direction. However, these calls for reform are accompanied by arguments that the current law is based on the 1992 Constitution, and that any law reform requires difficult constitutional amendments. There are two key issues under the 1992 Constitution: i) how natural resources and rights to naturally occurring trees are interpreted; and ii) how revenue from these resources is allocated.
To breathe life into the separation of power doctrine, there is a need to amend Article 108 to allow MPs to introduce private member bills. It is not an entrenched provision of the Constitution and can be amended with a two-thirds majority. Fortunately, Speaker Professor Mike Ocquaye has signaled that even in the absence of a constitutional amendment, Parliament can address this problem. It is expected that the ongoing process to revise the Standing Orders of Parliament will contain provisions to allow MPs to introduce non-finance bills.
In the short term and in the absence of a constitutional amendment, as was suggested as far back in 2003 by Professor H. Kwasi Prempeh, there is a need to develop conventions to address some of these gaps rather than take actions that maintain the status quo or exacerbate the problem. e24fc04721
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