Malcolm Rivera
Ghana, formerly known as the Gold Coast, was the first country in Sub-Saharan Africa to gain political independence from colonial rule in 1956. Since then, Ghana has undergone several major changes in government type and democratic processes. Ghana's constitution has been amended several times, with the current constitution, established in 1992, providing for power-sharing between the president, parliament, cabinet, Council of State, and an independent judiciary. This constitution guarantees freedom of the press, human rights, and the rights of the disabled.
| Characteristics | Values |
|---|---|
| Year of Constitution | 1992 (rev. 1996) |
| Previous Constitutions | 1957, 1969, 1979 |
| Independence from British Rule | 1956 |
| Current Government | Fourth Republic |
| Government Structure | President, Parliament, Cabinet, Council of State, Judiciary |
| Judiciary | Supreme Court, Court of Appeal, High Court of Justice, Regional Tribunals, Lower Courts |
| Rights | Freedom of Press, Human Rights, Disabled Rights |
| Citizenship | Based on birth, grandparents, adoption, marriage |
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What You'll Learn
Ghana's 1992 Constitution
Ghana has a written constitution, the most recent version of which was enacted in 1992. This constitution forms the basis of the country's current Ghanaian Fourth Republic. The 1992 Constitution was approved via referendum on April 28, 1992, and the Fourth Republic's first government was sworn in on January 7, 1993.
The 1992 Constitution was based on democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as the recommendations of a 258-member Committee of Experts. It provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. The judiciary's structure and power are independent of all other branches of government, with the Supreme Court of Ghana ruling on the constitutionality of legislative and executive actions.
The 1992 Constitution also includes provisions for greater freedom of the press and human rights guarantees. It establishes Ghana as a unitary republic, similar to the executive branch in the US, with a president elected for four-year terms. It reinforces a unitary government while allowing for local governments.
The Constitution also outlines the rights and duties of Ghanaian citizens. For example, it urges that the exercise of rights and freedoms guaranteed in the Constitution is inseparable from citizens' performance of their duties. It also includes clauses that describe the rights of disabled persons, detailing protections against discrimination and abuse, as well as their access to public and private facilities without discrimination.
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Freedom of the press
Ghana's 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. The 1992 Constitution was based on democratic principles established by the 1957, 1969, and 1979 Constitutions. The 1992 Constitution also provided for greater freedom of the press and human rights guarantees.
Chapter 12 of the 1992 Constitution enshrined freedom of the media, and since then, Ghana has had a vibrant and pluralistic media environment. The Constitution authorised new media outlets to be created without a license, and today, there are at least 100 media outlets, including radio stations, TV channels, and news sites. Many privately-owned media outlets are very popular and reflect a high degree of pluralism and diversity. They have the independence necessary to operate without political restrictions.
However, the creation of media outlets by politicians has resulted in politicised and biased media content. There have been several attacks on press freedom, including the intrusion of ruling party supporters into a TV studio and an attack on a journalist during a live report in October 2023. Journalists have also faced death threats, assaults, and equipment damage while reporting on sensitive topics.
Ghana's press freedoms are fragile, and journalists express fear of reporting on certain issues and groups. They also worry about their safety due to a lack of clear-cut policies offering protection. Despite these challenges, Ghana is regarded as one of Africa's most democratic countries, and its media industry has boomed since the 1992 Constitution.
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Human rights
Ghana has a written constitution, which was last revised in 1996. The current constitution, established in 1992, provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary.
The 1992 Constitution of Ghana provides for greater freedom of the press and human rights guarantees. The constitution also guarantees the rights of the disabled, including protection against discrimination and abuse. It also guarantees disabled people access to public and private facilities without discrimination and establishes special incentives for businesses that employ significant numbers of disabled people.
The constitution also guarantees fundamental human rights and freedoms for all citizens, regardless of race, place of origin, political opinion, colour, religion, creed, or gender. These rights include freedom of speech and expression, freedom of thought, conscience, and belief, freedom to practise any religion, freedom of assembly, freedom of association, and freedom of movement.
The constitution also provides for the rights of women, including equal rights to training and promotion, and special care for mothers during a reasonable period before and after childbirth. It also establishes facilities for the care of children below school-going age to enable women to realise their full potential.
In addition, the constitution guarantees the right to own property and the right to medical treatment, education, and other social and economic benefits, regardless of one's beliefs. It also provides for the implementation of policies and programmes aimed at redressing social, economic, or educational imbalances in Ghanaian society.
The Supreme Court of Ghana has broad powers of judicial review and can rule on the constitutionality of any legislative or executive action at the request of any citizen. Citizens can also apply to the High Court for redress if they believe their fundamental human rights and freedoms have been contravened.
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Democratic government
Ghana, formerly known as the Gold Coast, was the first country in Sub-Saharan Africa to gain political independence from colonial rule in 1956. Since then, Ghana has undergone several major changes in government type and democratic government. Ghana's 1957 Constitution, promulgated a year after independence, established a Westminster system of government with a prime minister as head of cabinet and the British monarch as head of state. It also provided for the representation of chiefs and tribal authorities in regional councils, now known as the "House of Chiefs", and established a parliamentary system of government.
However, amendments to the Constitution in 1960 transformed Ghana into a republic under a president and a one-party state. This period saw the erosion of citizens' rights and a ban on political participation, leading to resentment and internal opposition, with several military takeovers occurring between 1966 and 1981. The 1979 coup d'état, led by Flight Lt Jerry Rawlings, aimed to restore democracy and development, suspending the 1979 Constitution and establishing a Provisional National Defence Ruling Council (PNDC) to oversee reforms. The PNDC decentralised the government by creating elected regional and district assemblies to bring governance closer to the people.
On April 28, 1992, a referendum approved the 1992 Constitution, which forms the basis of the current Ghanaian Fourth Republic. This Constitution was designed to decentralise power and provide for the sharing of powers among a president, parliament, cabinet, Council of State, and an independent judiciary. The judiciary's structure and power are independent of other branches, with the Supreme Court holding broad powers of judicial review. The 1992 Constitution also provided for greater freedom of the press, human rights guarantees, and reinforced a unitary government while allowing for local governments. It established a similar executive branch to the US, with the president being elected for four-year terms.
The 1992 Constitution, as the supreme law of the land, ensures a system of checks and balances to prevent any branch of government from holding preponderant power. Executive authority is shared by the president, the twenty-five-member Council of State, and advisory bodies like the National Security Council. The president is the head of state, government, and commander-in-chief of the armed forces, with the power to appoint the vice president. Legislative functions are vested in the National Parliament, a unicameral body of 200 members plus the president, and legislation requires the assent of the president to become law.
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Independence from colonial rule
Ghana gained independence from colonial rule in 1957, becoming the first African country south of the Sahara to do so. The process of Ghana's independence was influenced by the Indian independence movement, and Gandhian and Marxist philosophies. The country's independence was also influenced by the development of a strong spirit of nationalism and national consciousness in the post-World War II era.
The push for Ghana's independence from British rule began in 1949 and continued until 1951. During this period, Ghanaians campaigned for independence through nonviolent "positive action". This campaign was led by Kwame Nkrumah, who became the prime minister of Ghana in 1957. On May 9, 1956, a plebiscite was held under the United Nations to decide the future of British Togoland and French Togoland. The British trusteeship, which had been linked to the Gold Coast since 1919, was absorbed into Ashantiland and Dagbon.
On September 18, 1956, the British announced that the Gold Coast, Ashanti, the Northern Territories, and British Togoland would become a unified, independent country within the British Commonwealth of Nations under the name Ghana on March 6, 1957. This date was set to coincide with the 113th anniversary of the Bond of 1844. Ghana's independence was officially proclaimed on March 6, 1957, with Kwame Nkrumah as its first prime minister. Queen Elizabeth II remained the head of state, represented by the Governor-General of Ghana, Sir Charles Noble Arden-Clarke.
Ghana became a republic in 1960 after a national referendum, and Nkrumah was declared life president of the country. However, by 1966, his regime was overthrown by the army and police due to haphazard and corrupt administration, massive foreign debts, and declining living standards. Despite the challenges, Ghana's independence from colonial rule marked a significant milestone in the country's history and set the stage for its continued development and evolution as a nation.
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Frequently asked questions
Yes, Ghana has a written constitution. The current constitution was approved in 1992, forming the Ghanaian Fourth Republic.
The 1992 Constitution is based on the democratic principles established by the 1957, 1969, and 1979 Constitutions. It also takes into account the recommendations of a 258-member Committee of Experts.
The 1992 Constitution provides for the sharing of powers among a president, parliament, cabinet, Council of State, and an independent judiciary. It guarantees human rights, freedom of the press, and reinforces a unitary government while allowing for local governments.
The judiciary in Ghana is independent of all other branches of government. The Supreme Court has broad powers of judicial review and can rule on the constitutionality of any legislative or executive action.
Ghana, formerly known as the Gold Coast, gained independence from British rule in 1956. The country has had several constitutions since then, reflecting its evolving political landscape. Ghana transitioned from a parliamentary democracy to a republic, experiencing periods of one-party rule, military takeovers, and democratic reforms. The 1992 Constitution marked a return to democracy and remains the foundation of Ghana's current governmental system.
