The constitution of ghana is the supreme law of the republic of ghana. Every person in ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter but subject to respect for the. Assessing the progress of the 1998 childrens act of ghana. For instance, articles 107 and 108 of the 1992 constitution give the president the power to pass any law and as such submit bills to parliament government of ghana, 1992. The 1992 constitution is the supreme law of ghana and any other law found to be inconsistent with any of its provisions shall be void. Article 89 the council of state comprises 31 members, of whom 11 are direct appointees of the president 7ghana constitution. Particularly for pwds in ghana, this was a dream come true, having regard to the long struggle by the ghana federation of the disabled gfd, together with some civil society organizations, to make the parliament of ghana enact a law to enforce the provisions of article 29 of the 1992 constitution of ghana. The cabinet of ghana is the executive branch of the government of ghana. The 1992 constitution of ghana is the supreme law that governs our nation ghana and has clearly spelt out the roles of state institutions with some level of interdependence to enhance the life of the ordinary ghanaian. Rather, the special constitutional scheme set up for amending the constitution clearly suggests an intention. Constitution of the republic of ghana 1992, as amended to 1996. Download pdf constitution of the republic of ghana amendment act, 1996 this legislative act amended certain provisions of the ghanaian constitution concerning dual citizenship, and procedural provisions concerning the legislature. Every person in ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this chapter but subject to respect for the rights and freedoms of others and for the public interest. The country has had a rather chequered political history largely dominated by military rule.
The persons with disability act, 2006 act 715 of the. Jan 17, 2018 the consultative assembly completed its assignment and handed over the draft constitution to the pndc on 11 th march 1992. The cabinet is constituted in conformity with article 76 1 of the 1992 constitution of ghana. Defines customary law as part of the common law of the country. 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 declares ghana to be a unitary republic with sovereignty residing in the ghanaian people. Review of the 1992 constitution an observation modern ghana. These provisions were not drafted and approved by the consultative assembly as a body. Whenever it becomes necessary for the constitution to be printed the government printer may omit all parts of this law and the constitution as so printed shall, subject to section 1 of this law have the force of law notwithstanding the omission. If the good citizens of ghana decide to rake the past it will not auger well for us but rather go a long way to erode the modest democratic gains so far made and ultimately impede our developmental agenda so far made to propel the nation forward. The issue of human rights is of much importance under the 1992 constitution to the extent that breach of the human rights provisions by the president of ghana could amount to a ground for his removal from office.
This lecture is a tiny component of a broader project titled the 1992 constitution. Supremacy of the constitution 1 the sovereignty of ghana resides in the people of ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution. Breathing life into separation of powers in 1992 constitution. Ghana audit service paper on proposals for amendment of the 1992 constitutional provisions on the office of the auditorgeneral and the audit service. The provisions in it are entrenched in the sense that they cannot be amended. A person is a citizen of ghana by birth if he was born on 7th january 1993 or born after that date in or outside ghana and at the date of his birth either of his parents or one grandparent was or is a citizen of ghana. Constitutional law in ghana, with particular emphasis on the courts contribution to the underlying concepts of the fourth republican constitution of 1992. Constitution of ghana wikisource, the free online library. Provisions in ghana for instance the 1992 constitution directly provides for the holding of referendum in only two situations. The constitution approved at the referendum held on 28th april, 1992 and set out in the schedule to this law shall come into force on the 7th day of january, 1993. This commendable provision, at first blush, offers a level terrain for access to justice to all manner of persons and enhances 7.
The referendum is simply a way of letting members of the public express their opinions on an issue or group of issue through balloting and it is normally provided for in the constitutions of democracies. Download pdf this legislative act amended certain provisions of the ghanaian constitution concerning dual citizenship, and procedural provisions concerning the legislature. The constitution enjoins the president to have a cabinet of not less than 10 and not more than 19. Ghana s legal system is thus founded on the 1992 constitution constitution. Existing provision there shall be an auditorgeneral whose office shall be a public office. Attached to the draft constitution were the transitional provisions containing the controversial immunity provisions in respect of certain acts and personalities in the pndc regime. Retired justice of the supreme court of ghana introduction after a turbulent earlier history, the republic of ghana is now settling down as a thriving representative democracy. A machiavellian new principality in a choir robe perhaps, williams shakespeare was right when he said that hell is empty and all the devils are here. Although this policy was very laudable, it has not been possible for all ghanaians of schoolgoing age to have access to school as. The electoral commission as per article 45c of the 1992 constitution is the. Current legislation ghana amended its nationality law in 2000, to the 2000 ghana citizen act dual citizenship scheme, which came into effect from friday, 1 november 2002, in accordance with the provisions of the. Constitution was promulgated in 1992 which ushered in the fourth and current republican dispensation. For the first time in its history, the constitutions provisions on human rights and. Although ghana s 1992 constitution made provisions for all persons living in ghana to have the right to information as a fundamental human right, little is known on why the framers of the constitution made provisions.
The constitution of the republic of ghana accra 1992. Under the constitution, there are three arms of government namely the executive, the legislative parliament and the judiciary. The 1992 constitution contains the most explicit and comprehensive provisions in ghana s postcolonial constitutional history regarding the system of local government as a decentralized form of national administration. First registered with the electoral commission on 24th june 1992 and amended on 29th august 1998. Of ghana entitled the political parties act, 2000 an act to revise the statute on political parties to bring the provisions in conformity with the constitution and to provide for related matters. Citizenship act of 2000 citizenship act, 2000 arrangement. Along with the constitution of ghana, the citizenship act, 2000 is the exhaustive law relating to citizenship in ghana. Where the president is satisfied that it would be inexpedient for a day provided in section. Ghana local government act 1993 a comparative analysis in.
Achievements, opportunities and challenges of the first ten years. Later on, the 1992 constitution of ghana also required that basic education became free and compulsory for all ghanaians of school going age by the year 2005. Notwithstanding any provision of the aliens act, 1953 act 160 but subject to the provisions of this law, a person claiming to be a refugee within the meaning of this law, who illegally enters ghana or is illegally present in ghana shall not a be declared a prohibited immigrant. Ascertain from the people of ghana their views on the operation of the 1992 fourth republican constitution and, in particular, the strengths and weaknesses of the constitution. The article provides for equality of all persons before the law. Unless regulation is entrenched in the constitution to ensure that ghanas petroleum and. Since the first republican constitution in 1960, ghana has had three other constitutions. Key provisions commonwealth human rights initiative. Citizenship 6 1 every person who, on the coming into force of this constitution, is a citizen of ghana by the law shall continue to be a citizen of ghana. Since 1993, however, ghana has been governed on democratic lines on the basis of the 1992 constitution. Article 117 places an obligation on all authorities individuals and bodies established under the constitution to publish all orders, rules. Amend article 242 d 2431 of 1992 constitution news ghana.
Mar, 2020 breathing life into separation of powers in 1992 constitution. Download pdf constitution of the republic of ghana amendment act, 1996. The constitution enjoins the president to have a cabinet of not less than 10 and not more than 19 ministers. Of ghana entitled chieftaincy act, 2008 anact to revise and consolidate the chieftaincy act, 1971act 370 to bring its provisions in conformity with the constitution and to provide for related matters. It then contains the full constitutional text, as amended. Ghana s 1992 constitution and similar other provisions in the constitution as it relates to access to justice.
International organisation of supreme audit institutions intosai, is an international governmental standard setting and advisory body on auditing. Aug 09, 2016 article 72 of ghanas 1992 constitution. Constitution of the republic of ghana amendment act, 1996. Pdf constitutional hybridity and constitutionalism in ghana. Ghana s constitution of 1992 with amendments through 1996. All persons shall have the right to information, subject to such qualiications and laws as are necessary in a democratic society. Ghanas constitution of 1992 with amendments through 1996. It has a bill of rights entrenched in its current 1992 republican constitution. Chieftaincy act, 2008 act 759 food and agriculture. Notwithstanding clause 1 of this article and paragraph c of clause 3 of article 94 of.
The cabinet members are appointed by the president and report to the president. Now therefore in pursuance of the provisional national defence council establishment proclamation, 1981, this law is hereby made. Government provided clarity on the constitutional and legislative basis for. The convention on the rights of the child impact study. The work of the committee of experts on the 1992 constitution. Article 31 of the 1992 constitution of ghana makes provision for emergency. Separation of powers is a generally accepted political doctrine, which can be traced back to aristotles thesis that each constitution must have a deliberative, official and judicial element. The constitution shall be the supreme law of ghana and any other law found to be inconsistent with any provision of this inconsistency is declared void. The 1992 constitution of the republic of ghana that came into effect on january 7, 1993, provides the basic charter for the countrys fourth attempt at republican democratic government since independence in 1957. The project seeks to analyse each of the 299 articles of the 1992 constitution and the 37 sections of the transitional provisions textually, contextually. Subject to the provisions of the laws governing political parties, any person or groups of persons. Article 153 the judicial council comprises 19 members of whom 1 one is the attorney general and 4 are directly appointed by the president.
Notwithstanding any provision of the aliens act, 1953 act 160 but subject to the. The 1992 constitution provided for the greater freedom of the press and human rights guarantees, a similar executive branch to the us with th. Act 527 constitution of the republic of ghana amendment act, 1996. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1. It was approved on 28 april 1992 through a national referendum after 92% support. What safe democracy ghana is advocating for rather reinforces article 276.
And whereas the people of ghana approved the said constitution for the administration of ghana to come into force on 7th day of january, 1993. Ghanas constitution of 1992 with amendments through 1996 ilo. Ghana has the distinction of being the first british colony south of the sahara to have attained independence from colonial rule in 1957. Mar 19, 2017 the 1992 constitution of ghana kofi quashigah, associate kofi quashigah, associate professor, faculty of law, university of ghana. Article 2761 of the 1992 constitution debars chiefs from taking part in active of the party politics. The 1992 constitution of ghana contains explicit provisions which. Rights entrenched in the constitution gender and land. Notably missing are some of the key sectoral laws that should complement any lga.
614 591 407 291 356 1034 1349 853 1548 1306 922 883 1425 85 960 1110 983 962 1564 708 850 786 529 149 1783 61 855 676 1357 1298 408 565 1001 225 610 1526 1151 1104