Ghana's 1992 Constitution: Formation And Enactment

Ghana's 1992 Constitution was approved on 28 April 1992, following a national referendum that saw 92% support. The constitution is the supreme law of the Republic of Ghana, outlining the fundamental political principles and establishing the structure, procedures, powers, and duties of the government, judiciary, and legislature. It also defines the fundamental rights and duties of citizens, including the right to form political parties, freedom of association, and the protection of fundamental human rights and freedoms. The 1992 Constitution was influenced by the democratic principles established in previous constitutions and the British and US constitutional models, aiming to decentralize the government and provide greater freedom of the press and human rights guarantees.

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The 1992 Constitution was approved by a national referendum

Ghana has had a tumultuous political history since its independence in 1957, with several military takeovers occurring in 1966, 1972, 1978, 1979, and 1981, despite democratic administrations being established in 1969 and 1979. In 1960, Ghana was first declared a republic under the leadership of Kwame Nkrumah. However, by 1964, the country had transitioned into a one-party state with a presidential system, where citizens' rights were curtailed and political participation was banned.

To address this volatile political situation and establish a more stable and democratic system, a referendum was held on April 28, 1992, which approved the 1992 Constitution and formed the foundation of the current Ghanaian Fourth Republic. This new constitution aimed to decentralize the government and introduce a more democratic and inclusive system.

The 1992 Constitution of Ghana was carefully crafted to incorporate the lessons learned from previous constitutions and models. It drew upon the democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as input from a 258-member Committee of Experts who submitted a range of Constitutional proposals. These proposals were then approved by the Consultative Assembly, ensuring a comprehensive and consultative process.

One of the key features of the 1992 Constitution is its emphasis on protecting the rights and freedoms of Ghanaian citizens. It guarantees the Principle of Universal Adult Suffrage, Freedom, Justice, Probity, and Accountability. Additionally, it ensures the protection and preservation of Fundamental Human Rights and Freedoms, as outlined in Articles 7, 8, 9, and 10, which include freedom of association, the right to form political parties, and non-discrimination based on gender, religion, or ethnic origin.

The 1992 Constitution also establishes the structure, procedures, powers, and duties of the government. It provides for a sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. This system of checks and balances prevents any single branch of government from holding preponderant power. The executive authority is shared by the president, a 25-member Council of State, and advisory bodies like the National Security Council.

The 1992 Constitution of Ghana, approved by an overwhelming majority of 92% in the national referendum, has been pivotal in shaping the country's political landscape. It laid the foundation for a more stable, democratic, and inclusive Ghana, with a focus on protecting citizens' rights and establishing a balanced system of government.

It was based on democratic principles and previous constitutions

Ghana's 1992 Constitution was approved on 28 April 1992 through a national referendum, with 92% support. It was formed based on democratic principles and previous constitutions. The 1992 Constitution provided for greater freedom of the press and human rights guarantees, similar to the executive branch in the US, with the president being elected for four-year terms. It also reinforced a unitary government while allowing for local governments.

The 1992 Constitution drew from the lessons of previous constitutions, including those from 1957, 1960, 1969, and 1979. It also took inspiration from British and US constitution models. The 1957 Constitution was particularly significant as it coincided with Ghana's independence and the establishment of democratic principles. The 1969 and 1979 Constitutions further contributed to the democratic foundation.

The 1992 Constitution aimed to decentralise the government and establish a system of checks and balances to prevent any single branch from holding preponderant power. It defined the fundamental political principles, the structure and procedures of the government, and the powers and duties of various institutions, including the judiciary and legislature. It also outlined the rights and duties of citizens, such as freedom of association and the right to form or join political parties, which were guaranteed in Article 21.

The 1992 Constitution of Ghana, as the supreme law of the land, provided for power-sharing among the president, parliament, cabinet, Council of State, and an independent judiciary. The judiciary's structure, known as the Superior Court of Judicature, includes the Supreme Court of Ghana, the Court of Appeal, the High Court of Justice, regional tribunals, and lower courts or tribunals established by parliament. The judiciary's independence is a key democratic principle, ensuring judicial review and safeguarding citizens' rights.

The constitution also established the Office of the Ombudsman, later transitioning to the Commission for Human Rights and Administrative Justice, to uphold the rights and freedoms enshrined in the constitution. It guaranteed the Principle of Universal Adult Suffrage, Freedom, Justice, Probity, and Accountability, as outlined in its introductory statement.

It guarantees freedom of the press and human rights

Ghana's 1992 Constitution was approved on 28 April 1992 through a national referendum, with 92% support. It was formed based on democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as proposals submitted by a 258-member Committee of Experts and approved by the Consultative Assembly. The 1992 Constitution aimed to decentralise the government and provide greater freedom of the press and human rights guarantees.

The Constitution of Ghana is the supreme law of the Republic of Ghana. It defines the fundamental political principles, establishing the structure, procedures, powers and duties of the government, the structure of the judiciary and legislature, and the fundamental rights and duties of citizens. 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 prevents any specific branch of government from having too much power.

The 1992 Constitution introduced freedom of speech and expression, including freedom of the press and media, ending decades of censorship. It guarantees the freedom and independence of the media, with no censorship and no impediments to the establishment of a private press. It also ensures that state-owned media provides fair opportunities for divergent views and dissenting opinions. The Constitution further establishes that Ghanaian law shall consist of the Constitution, legislation, subsidiary or subordinate legislation, existing laws before the 1992 Constitution, and common law.

The introduction of freedom of speech in the 1992 Constitution transformed Ghana's media landscape, which was previously characterised as monolithic and repressive, with laws controlling and censoring the press. The reforms allowed for the expansion of media outlets, improved access to diverse information sources, and promoted active civic engagement. Criminal Libel and Seditious Libel laws that allowed for the prosecution of journalists critical of the government were repealed in 2001, further strengthening press freedom. In 2019, a law was enacted guaranteeing access to information, enabling journalists to request information from the government deemed to be of national interest.

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It establishes a US-style executive branch

Ghana's political environment has been unstable, with several military takeovers occurring despite the establishment of democratic administrations. The 1992 Constitution of Ghana was approved on 28 April 1992 through a national referendum, with 92% support. It establishes a US-style executive branch, with a president elected to four-year terms. The 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 the head of state, head of government, and commander-in-chief of the armed forces of Ghana.

The 1992 Constitution was based on democratic principles established by previous constitutions, as well as proposals submitted by a 258-member Committee of Experts and approved by the Consultative Assembly. It draws lessons from the previous 1957, 1960, 1969, and 1979 Constitutions, as well as the British and US constitution models. The preamble clearly states that it will employ these lessons when incorporated as the supreme law of Ghana.

The Ghanaian Constitution guarantees the principle of universal adult suffrage, freedom, justice, probity, and accountability. It also protects and preserves fundamental human rights and freedoms, unity, and stability. The Constitution provides for the sharing of powers among the various branches of government, including the executive, to avoid bestowing too much power on any specific branch.

The 1992 Constitution also provided for greater freedom of the press and reinforced a unitary government while allowing for local governments. It established the structure, procedures, powers, and duties of the government, the structure of the judiciary and legislature, and the fundamental rights and duties of citizens. It is made up of 26 chapters, not including the preamble.

It reinforces a unitary government while allowing for local governments

Ghana's political environment has been unstable, with several military takeovers occurring despite the establishment of democratic administrations. The 1992 Constitution of Ghana was approved on 28 April 1992 through a national referendum, with 92% support. This constitution was designed to reinforce a unitary government while allowing for local governments and decentralising the government in Ghana.

The 1992 Constitution was based on the democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as proposals submitted by a 258-member Committee of Experts and approved by the Consultative Assembly. It also drew lessons from the 1960 Constitution, as well as the British and United States constitution models. The 1992 Constitution provided for greater freedom of the press and human rights guarantees, with a similar executive branch to that of the US, including a directly elected president serving four-year terms.

The 1992 Constitution of Ghana, 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. This system of checks and balances prevents any one branch of the government from becoming too powerful. The executive authority is shared by the president, the 25-member Council of State, and advisory bodies, including the National Security Council. The president is the head of state, head of government, and commander-in-chief of the armed forces of Ghana.

The 1992 Constitution guarantees the rights of individuals to exercise their civil, political, economic, social, and cultural practices. It also guarantees the right to form political parties and for citizens to join a political party of their choosing. The right to freedom of association includes the freedom to form or join trade unions or other associations to protect their interests. The Constitution also promotes the integration of the peoples of Ghana and prohibits discrimination based on place of origin, circumstances of birth, ethnic origin, gender, religion, creed, or other beliefs.

The 1992 Constitution of Ghana also guarantees the institution of chieftaincy, together with traditional councils as established by customary law and usage.

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