Omar Bennett
Ghana's constitution, approved in 1992, is the supreme law of the Republic of Ghana. It establishes the structure and procedures of the government, the judiciary and legislature, and the rights and duties of citizens. The constitution is underpinned by several fundamental principles, including the sovereignty of the people of Ghana, the protection of fundamental human rights and freedoms, and the decentralisation of the government. The constitution also guarantees the principle of universal adult suffrage, freedom, justice, probity, and accountability.
| Characteristics | Values |
|---|---|
| Fundamental Human Rights and Freedoms | Right to work, freedom of the press, freedom of religion, freedom from discrimination, freedom from unlawful search and seizure, right to privacy, right to education, right to health, right to a healthy environment, right to culture, right to property, right to development, right to political participation, right to social security, right to self-determination, right to self-defense, right to due process, right to fair trial, right to justice, right to reparation, right to the truth, right to information, right to be forgotten, right to assembly, right to association, right to petition, right to remedy, right to redress, right to development |
| Sovereignty | The sovereignty of Ghana resides in the people of Ghana, from whom the government derives all its powers and authority through the Constitution. |
| Democratic State | Ghana is a democratic state dedicated to the realization of freedom and justice. |
| Independence of Institutions | The President has a duty to preserve the independence of institutions. |
| Separation of Powers | The Constitution establishes the separation of powers between the executive, legislative, and judiciary branches of government. |
| Decentralization | The Constitution provides for a decentralized form of government, allowing for local governments and traditional authorities. |
| Unitary Government | The Constitution reinforces a unitary form of government while allowing for local governments. |
| Executive Branch | The executive branch is similar to that of the US, with the President being elected for four-year terms. |
| Territorial Integrity | The State shall protect and safeguard the independence, unity, and territorial integrity of Ghana. |
| Well-being of Citizens | The State shall seek the well-being of all its citizens and promote their access to public facilities and services. |
| Integration of Ethnic Communities | The State shall actively promote the integration of all peoples of Ghana and prohibit discrimination and prejudice based on place of origin, circumstances of birth, ethnic origin, gender, religion, creed, or other beliefs. |
| Rule of Law | The Constitution establishes the supremacy of the law and provides for an independent judiciary to interpret and enforce the law. |
| Accountability | The Constitution establishes mechanisms for accountability, including the power of the Supreme Court to review and invalidate laws that are inconsistent with the Constitution. |
| Protection from Unlawful Search and Seizure | The Constitution protects citizens from unlawful search and seizure, ensuring their privacy and security. |
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What You'll Learn
Ghana's sovereignty
The constitution guarantees the principle of Universal Adult Suffrage, ensuring that all citizens have the right to participate in the democratic process. It also establishes the structure and powers of the government, including the role of the president, who is elected for a four-year term, and the independence of the judiciary and legislature.
The 1992 Constitution built on the democratic principles established by previous constitutions, particularly those of 1957, 1969, and 1979. It provided for greater freedom of the press and reinforced the unitary nature of the government while allowing for local governments. Ghana's constitution has evolved through several major changes in government since the country's independence in 1957, including a transition to a one-party state in 1964, and multiple military takeovers between 1966 and 1981.
The current constitution guarantees fundamental human rights and freedoms, including the right to work under satisfactory, safe, and healthy conditions, with equal pay and assured days off. It also addresses inequality and illegal discrimination based on gender, race, colour, ethnic origin, religion, creed, or economic status. The constitution establishes that any law inconsistent with its provisions is void and can be challenged in the Supreme Court.
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Human rights and freedoms
Ghana's constitution was approved in 1992 through a national referendum, and it establishes the country's fundamental political principles, government structure and procedures, and the fundamental rights and duties of its citizens. The constitution also guarantees the principle of universal adult suffrage, freedom, justice, probity, and accountability.
The constitution's preamble clearly states its objective to protect and preserve fundamental human rights and freedoms, unity, and stability for Ghana. It also asserts that the sovereignty of Ghana resides in its people, from whom the government derives its power and authority.
The 1992 Constitution provided for greater freedom of the press and human rights guarantees. It establishes that the fundamental human rights and freedoms enshrined in it shall be respected and upheld by the Executive, Legislature, Judiciary, and all other organs of the government and its agencies. These rights and freedoms are enforceable by the courts as provided for in the Constitution.
Article 17 of the Constitution directly addresses inequality and the illegality of discrimination based on gender, race, colour, ethnic origin, religion, creed, or economic status. It legally defines "discrimination" and applies the concept of Universal Adult Suffrage to Ghanaian national law.
Article 24 establishes the economic rights of Ghanaian citizens, including the right to work under satisfactory, safe, and healthy conditions, with provisions for equal pay, days off, and public holidays.
The Constitution also includes provisions for the right to medical treatment, education, and other social or economic benefits, regardless of one's beliefs or ability to give consent. It outlines the circumstances under which a state of emergency may be declared, such as natural disasters or situations threatening the community's essentials of life.
Additionally, it empowers Parliament to enact laws necessary for addressing social, economic, or educational imbalances and matters of personal law, while also ensuring that non-citizens do not acquire land or engage in political and economic activities that may be inconsistent with the spirit of the Constitution.
The Constitution further defines treason and outlines the consequences for acts of high treason, which include attempting to overthrow the government by force or suspending or abrogating the Constitution. It also establishes that suppressing lawful political activity is unlawful.
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Democratic state
Ghana is a democratic state, and its constitution establishes the country as a democracy. The constitution was approved in 1992 through a referendum with 92% support and forms the current Ghanaian Fourth Republic. The referendum established the constitution as the supreme law of Ghana, defining the fundamental political principles, government structure, and the rights and duties of citizens.
The 1992 constitution was based on the democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as the British and United States constitution models. The 1957 Constitution, in particular, resembled the parliamentary democracy of Britain, with executive power vested in the Queen and her representative, the Governor-General. This constitution also formed Regional Assemblies, guaranteeing the establishment of the office of the Chief and a "House of Chiefs" for each region.
The current constitution provides for greater freedom of the press and human rights guarantees. It establishes Ghana as a unitary government while allowing for local governments. It also establishes a similar executive branch to that of the United States, with the president being elected for four-year terms.
The 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. Article 17 of the constitution addresses inequality and the illegality of discrimination based on "gender, race, colour, ethnic origin, religion, creed, or economic status." It also establishes economic rights, such as the right to work under satisfactory, safe, and healthy conditions, with equal pay and assured days off.
The constitution further outlines the circumstances under which a state of emergency may be declared, such as natural disasters or situations that threaten the community's access to the essentials of life. It also establishes the right to medical treatment, education, and other social or economic benefits, regardless of religious or other beliefs.
Ghana's democratic state is dedicated to the realization of freedom and justice, with sovereignty residing in the people of Ghana, from whom the government derives all its powers and authority through the constitution. The constitution also establishes the independence of the three branches of government: the executive, the legislative, and the judiciary.
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Separation of powers
Ghana's 1992 Constitution, which established the country's Fourth Republic, was informed by the democratic principles of its 1957, 1969, and 1979 Constitutions, as well as the British and United States constitutions. The 1992 Constitution also incorporated proposals from a 258-member Committee of Experts, which were approved by the Consultative Assembly.
The 1992 Constitution provides for the separation of powers between the legislative, executive, and judicial branches of government. Article 93(2) of the Constitution vests legislative power in Parliament, Article 58(1) vests executive authority in the President, and Article 125(3) vests judicial power in the judiciary.
The 1992 Constitution adopted a hybrid system of separation of powers, which has been criticised for resulting in executive supremacy, a weak legislature, and a partially independent judiciary. In contrast, the 1979 Constitution adopted the American model of separation of powers, establishing a Presidential system where each branch exercises power independently of the others, and no member of one branch of government can belong to another.
The separation of powers is a generally accepted political doctrine, which can be traced back to Aristotle’s thesis that each constitution must have a deliberative, official, and judicial element. In its purest formulation, the government is divided into three branches, each with distinct and independent functions, serving as checks on one another.
To strengthen the separation of powers in Ghana, it has been suggested that Article 108 of the Constitution should be amended to allow Members of Parliament to introduce private member bills. Additionally, Article 78 should be amended to allow the President to appoint a majority of Ministers outside Parliament and to limit the overall number of Ministers.
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Rule of law
Ghana's constitution was approved on 28 April 1992 through a national referendum, establishing the country as a democratic state dedicated to freedom and justice. The constitution defines the fundamental political principles and sets out the rights, duties, and freedoms of citizens. It also establishes the structure, procedures, powers, and duties of the government and the structure of the judiciary and legislature.
One of the key principles enshrined in Ghana's constitution is the Rule of Law. This principle holds that all citizens, including those in government, are subject to the law. It guarantees justice, probity, and accountability, and protects the fundamental human rights and freedoms of Ghanaians. The constitution establishes the independence of the judiciary and outlines the processes for interpreting and enforcing the law.
Article 11 of the 1992 Constitution outlines the sources of Ghanaian law, including the Constitution itself, legislation, subsidiary and subordinate legislation, existing laws pre-dating the 1992 Constitution, and common law. This article also defines the contributions of each branch of government to the legislative and judicial processes. The constitution establishes the Supreme Court as the highest judicial authority, with the power to review and strike down laws found to be inconsistent with the Constitution.
The right to work is a fundamental principle established by the constitution, which guarantees citizens the right to work under satisfactory, safe, and healthy conditions, with provisions for equal pay, days off, and public holidays. The constitution also addresses inequality and prohibits discrimination based on gender, race, colour, ethnic origin, religion, creed, or economic status. Article 17 provides a legal definition of "discrimination" and applies the concept of Universal Adult Suffrage to Ghanaian national law.
Ghana's constitution also outlines the circumstances under which a state of emergency can be declared, such as natural disasters or situations that threaten the community's access to life essentials. During such emergencies, the government may take necessary measures to secure public safety, defence, and maintain order. However, these measures must be reasonably justifiable and cannot contravene the Constitution's fundamental rights and freedoms.
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Frequently asked questions
Ghana's constitution, approved in 1992, establishes the country as a democracy dedicated to freedom and justice, with sovereignty residing in the people of Ghana. It guarantees the principle of universal adult suffrage, freedom, justice, probity, and accountability, and the protection of fundamental human rights and freedoms. It also establishes the structure and powers of the government, judiciary, and legislature, and spells out the fundamental rights and duties of citizens, including economic rights and the right to work.
Ghana's 1992 constitution was drafted in a context of political instability, with several military takeovers occurring between 1966 and 1981, despite the establishment of democratic administrations in 1969 and 1979. The 1992 constitution aimed to provide greater freedom of the press and human rights guarantees, and to reinforce a unitary government while allowing for local governments.
Article 17 of the Ghanaian Constitution directly addresses the issue of inequality and the illegality of discrimination based on "gender, race, colour, ethnic origin, religion, creed or economic status". It legally defines "discrimination" and establishes that any activity that suppresses or seeks to suppress lawful political activity is unlawful.
