Eleanor Finch
Ghana's 1992 Constitution is the supreme law of the Republic of Ghana, approved by 92% in a national referendum. It establishes the structure and powers of the government, judiciary, and legislature, and defines the rights and duties of citizens. The Constitution provides for a decentralised government, with power shared between the president, parliament, cabinet, an independent judiciary, and a Council of State. It also guarantees freedom of the press, human rights, and economic opportunities for all citizens, with a focus on women's rights and integration. The Constitution draws on lessons from previous Ghanaian constitutions and international models, aiming to create a stable democratic republic.
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What You'll Learn
The 1992 Constitution is the supreme law of Ghana
Ghana has had a turbulent political history since its independence in 1957, 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 is the supreme law of Ghana and forms the foundation of the current Ghanaian Fourth Republic. The constitution was designed to decentralise the government and to establish a stable democratic system. It defines the fundamental political principles, outlining 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 of Ghana consists of 26 chapters and an introductory statement. This introductory statement guarantees the Principle of Universal Adult Suffrage, Freedom, Justice, Probity, Accountability, and the protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability. The constitution also provides for greater freedom of the press and human rights guarantees.
Article 11 of the 1992 Constitution establishes the sources of Ghanaian law, including the Constitution itself, legislation, subsidiary or subordinate legislation, existing laws before the 1992 Constitution, and common law. This article also outlines the contribution of each branch of government to the legislation and judiciary. The 1992 Constitution establishes an independent judiciary, with the Supreme Court having broad powers of judicial review.
The 1992 Constitution provides for a system of checks and balances, distributing powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. This distribution of powers prevents any single branch of government from holding preponderant power. The executive authority is shared by the president, the 25-member Council of State, and various advisory bodies, including the National Security Council.
The 1992 Constitution also guarantees the institution of chieftaincy, together with traditional councils, as established by customary law and usage. It outlines the rights and duties of citizens, including the right to equality, freedom from discrimination, fair trial, protection of privacy, and respect for human dignity. It also addresses citizenship, providing criteria for citizenship and addressing dual citizenship.
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It establishes the structure and powers of the government
The 1992 Constitution of Ghana establishes the structure and powers of the government, outlining the fundamental political principles and defining the rights and duties of citizens. It consists of 26 chapters and a preamble, and it was approved by 92% of voters in a national referendum.
The Constitution provides for a separation and balance of powers between the executive, legislative, and judicial branches of government. The executive authority is shared by the President, a 25-member Council of State, and advisory bodies like the National Security Council. The President is the head of state, head of government, and commander-in-chief of the armed forces. The President is elected for a four-year term, similar to the US system.
The legislative branch is comprised of Parliament, which has the power to enact laws and make modifications to existing laws. The Constitution also establishes the structure of the judiciary, guaranteeing its independence from other branches of government. The Supreme Court has broad powers of judicial review and can rule on the constitutionality of legislative and executive actions. The hierarchy of courts includes the Supreme Court, the Court of Appeal, the High Court of Justice, regional tribunals, and lower courts established by Parliament.
The Constitution also recognises the institution of chieftaincy and their traditional councils, as established by customary law. It reinforces a unitary government while allowing for local governments and providing for greater freedom of the press and human rights guarantees.
Furthermore, the Constitution outlines the functions of various governmental bodies, such as the Prisons Service Council, the Armed Forces, and the Commission on Human Rights and Administrative Justice. It also defines citizenship, including eligibility criteria, dual citizenship, and the rights and duties of citizens.
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It ensures the freedom of the press and human rights
The 1992 Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum, with 92% support. The Constitution guarantees the freedom of the press and human rights. It ensures that the rights and freedoms of citizens are protected and respected by the Executive, Legislature, and Judiciary, and all other organs of government and its agencies.
Article 12 of the Constitution states that the fundamental human rights and freedoms enshrined in the Constitution shall be respected and upheld by all branches of government. This includes the protection of the right to life, personal liberty, respect for human dignity, protection from slavery and forced labour, equality and freedom from discrimination, protection of privacy, and the right to a fair trial. The Constitution also provides for the sharing of powers among a president, parliament, cabinet, Council of State, and an independent judiciary, with a system of checks and balances to avoid bestowing too much power on any one branch.
The Constitution guarantees the Principle of Universal Adult Suffrage, Freedom, Justice, Probity, and Accountability. It also ensures the protection and preservation of Fundamental Human Rights and Freedoms, Unity, and Stability. The rights guaranteed in the Constitution are inseparable from the citizen's performance of their duties, which encompass civil, political, economic, social, and cultural practices.
The 1992 Constitution provides for greater freedom of the press than previous constitutions. It draws on the lessons from the previous 1957, 1960, 1969, and 1979 Constitutions, as well as the British and United States constitution models. The Constitution also establishes the structure, procedures, powers, and duties of the government, including the structure of the judiciary and legislature.
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 aggrieved citizen. The hierarchy of courts is similar to British juridical forms, with the Supreme Court at the top, followed by the Court of Appeal, the High Court of Justice, regional tribunals, and lower courts established by parliament.
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It guarantees equality and freedom from discrimination
The 1992 Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved by 92% of voters in a national referendum on 28 April 1992. The constitution was designed to decentralise the government and guarantee the fundamental rights and freedoms of Ghanaian citizens.
Article 17 of the 1992 Constitution of Ghana guarantees equality and freedom from discrimination. This means that every citizen of Ghana, regardless of their race, place of origin, political opinion, colour, religion, creed, or gender, is entitled to fundamental human rights and freedoms. These rights and freedoms are subject to respect for the rights and freedoms of others and for the public interest.
The constitution also 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 helps to avoid bestowing too much power on any single branch of government. The judiciary, in particular, is structured to be 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 if requested by a citizen.
Ghana has a history of unstable political environments and military takeovers. The 1992 Constitution was based on the democratic principles established by previous constitutions and drew on lessons from the British and United States constitution models. It was designed to protect the rights of citizens and provide for greater freedom of the press and human rights guarantees.
The 1992 Constitution of Ghana also provides for economic equality, stating that the state shall afford equality of economic opportunity to all citizens. This includes taking steps to ensure the full integration of women into Ghana's economic development.
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It provides for the sharing of powers among the president, parliament, and judiciary
The 1992 Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum, with 92% support. The constitution defines the fundamental political principles and establishes the structure, procedures, powers, and duties of the government, judiciary, and legislature. It also outlines the fundamental rights and duties of citizens.
One of the key features of the 1992 Constitution is its provision for the sharing of powers among the president, parliament, and judiciary. This power-sharing arrangement is designed to decentralise the government and prevent the concentration of power in a single branch of government. The constitution establishes a system of checks and balances, with each branch having specific roles and responsibilities.
The executive authority is shared by the president, a 25-member Council of State, and various 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. However, their power is balanced by the other branches of government, particularly the judiciary and parliament.
The judiciary in Ghana is independent of all other branches of government and has broad powers of judicial review. The hierarchy of courts in Ghana is known as the Superior Court of Judicature and includes the Supreme Court, the Court of Appeal, the High Court, regional tribunals, and lower courts established by parliament. The judiciary plays a crucial role in upholding the constitution and protecting the rights of citizens. It has the power to rule on the constitutionality of legislative and executive actions and can be approached by any aggrieved citizen.
Parliament, on the other hand, is responsible for enacting laws and ensuring that the executive branch functions within the limits set by the constitution. It has the power to establish lower courts and tribunals and plays a key role in safeguarding the rights and freedoms of citizens. For example, Article 10 of the constitution prohibits parliament from enacting laws that establish a one-party state, thus preserving the country's multi-party democratic system.
The 1992 Constitution of Ghana, therefore, establishes a system of shared powers and checks and balances among the president, parliament, and judiciary. This power-sharing arrangement is designed to protect citizens' rights, ensure good governance, and prevent the concentration of power in any single branch of government.
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Frequently asked questions
The 1992 Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved by 92% of voters in a national referendum on 28 April 1992. It establishes the structure and procedures of the government, the judiciary and legislature, and the fundamental rights and duties of citizens. It also provides for the sharing of powers between the president, parliament, cabinet, the Council of State, and an independent judiciary.
The 1992 Constitution guarantees the Principle of Universal Adult Suffrage, Freedom, Justice, Probity, and Accountability. It also protects and preserves Fundamental Human Rights and Freedoms, including the right to life, personal liberty, respect for human dignity, protection from slavery and forced labour, equality and freedom from discrimination, and the protection of privacy of home and property.
The 1992 Constitution of Ghana outlines the rules for citizenship, including the criteria for becoming a citizen by birth, descent, or adoption. It also allows for dual citizenship and outlines the process for obtaining citizenship through marriage.
The 1992 Constitution of Ghana establishes a unitary government while allowing for local governments. It provides for the sharing of powers between the president, parliament, cabinet, the Council of State, and an independent judiciary. The president is the head of state, head of government, and commander-in-chief of the armed forces. The constitution also establishes the roles of various bodies, including the National Security Council, the Armed Forces Council, and the Prisons Service Council.
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