Simone Lawson
Ghana's constitution has undergone several major changes since the country gained independence in 1957. The country's first republic was declared in 1960, and by 1964, Ghana had transitioned to a one-party state with a presidential system, which saw the erosion of citizen rights and a ban on political participation. Ghana's Second Republic Constitution was drafted in January 1968, and the Third Republic instituted a decentralised style of government through the creation of regional commissioners. The current constitution, approved in 1992, establishes the structure, procedures, powers and duties of the government, the structure of the judiciary and legislature, and the fundamental rights and duties of citizens.
| Characteristics | Values |
|---|---|
| Date of approval | 28 April 1992 |
| Number of chapters | 26 |
| Power structure | Decentralized |
| Judiciary | Independent of other branches of government |
| Judicial hierarchy | Supreme Court of Ghana, Court of Appeal, High Court of Justice, regional tribunals, lower courts |
| Judicial review | Supreme Court rules on constitutionality of legislative/executive actions |
| Rights | Defines fundamental rights and duties of citizens, including economic rights and right to work |
| Equality | Addresses inequality and illegality of discrimination based on gender, race, colour, ethnic origin, religion, creed, or economic status |
| Citizenship | Defines citizenship requirements, including for children born outside of Ghana to Ghanaian parents |
| Political participation | All citizens of voting age have the right to participate in political activity and influence government |
| Media access | State provides fair opportunity for all political parties to present their programmes through equal access to state-owned media |
| Campaigning | All candidates for election to Parliament have the right to conduct campaigns freely and lawfully |
| Political parties | Required to declare revenues, assets, and sources |
| Sovereignty | Resides in the people of Ghana, with powers of government exercised in their name and for their welfare |
| Constitutionality | Supreme law of Ghana, with inconsistent laws being void |
| Enforcement | Citizens have the right and duty to defend the Constitution and resist any attempts to suspend, overthrow, or abrogate it |
| Consequences | Failure to obey terms of an order under the Constitution can constitute a high crime, resulting in removal from office or imprisonment |
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What You'll Learn
- The Constitution of Ghana is the supreme law of the Republic of Ghana
- The 1992 Constitution provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary
- Ghana's Second Republic Constitution was drafted in January 1968
- The Constitution addresses inequality and illegal discrimination based on gender, race, colour, religion, etc
- The Constitution defines the rights and duties of citizens
The Constitution of Ghana is the supreme law of the Republic of Ghana
The Constitution holds that the traditional separation of powers is outdated and that it is the President's role to preserve the independence of institutions. The executive is independent of the legislative and judiciary branches of government. The 1992 Constitution also used a decentralised form of government, with local administrations serving as extensions of the central government. This was designed to decentralise the government in Ghana.
The Constitution of Ghana guarantees certain economic rights for its citizenry. For example, citizens have the right to work under satisfactory, safe, and healthy conditions, with equal pay and the assurance of days off when requested and on public holidays. It also urges that the exercise of rights and freedoms guaranteed in the Constitution is inseparable from the citizen's performance of their duties. These duties encompass civil, political, economic, social, and cultural practices that Ghanaians engage in.
The Constitution also sets out the rules for citizenship. It states that a person born in or outside Ghana after the Constitution came into force shall become a citizen of Ghana at birth if either of their parents or grandparents is or was a citizen of Ghana. It also outlines the process for acquiring citizenship through marriage or adoption.
Finally, the Constitution of Ghana outlines the punishment for high treason, which includes suspending or overthrowing the Constitution, as well as the punishment for failing to carry out the terms of an order or direction made under the Constitution.
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The 1992 Constitution provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary
Ghana's 1992 Constitution, approved by 92% of voters in a national referendum, is the supreme law of the Republic of Ghana. It establishes the fundamental political principles, structures, procedures, powers, and duties of the government, as well as the judiciary and legislature. It also outlines the rights and duties of Ghanaian citizens. The 1992 Constitution provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary.
The 1992 Constitution introduced a system of checks and balances to prevent any single branch of the government from holding preponderant power. While the president is the head of state, head of government, and commander-in-chief of the armed forces, executive authority is shared with the 25-member Council of State and advisory bodies like the National Security Council. The president's role is also to preserve the independence of institutions, keeping the executive independent of the legislative and judiciary branches.
The judiciary, led by the Supreme Court, is structurally and functionally independent of all 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 in Ghana is largely derived from British juridical forms, including the Court of Appeal, the High Court of Justice, regional tribunals, and lower courts established by parliament.
The 1992 Constitution also reinforced a unitary government while allowing for local governments. It provided for greater freedom of the press and human rights guarantees, including economic rights and the right to work in satisfactory, safe, and healthy conditions with equal pay. It also addressed the issue of inequality and the illegality of discrimination based on gender, race, colour, ethnic origin, religion, creed, or economic status.
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Ghana's Second Republic Constitution was drafted in January 1968
Ghana has undergone several major changes in government since its independence in 1957. The country has had four Republics, with the current Fourth Republic established in 1993.
Ghana was first declared a republic in 1960 under the premiership of Kwame Nkrumah. In 1964, a constitutional referendum changed the country to a one-party state, with Kwame Nkrumah as president for life. This constitution was suspended in 1966 when the Ghanaian Army and police overthrew Nkrumah's regime.
The Second Republic Constitution held that the traditional separations of power were outdated and that it was the president's role to preserve the independence of institutions. This view is reflected in the current constitution, which establishes a system of checks and balances to avoid bestowing preponderant power on any specific branch of government.
The Second Republic ended in 1972 with a coup d'etat by the National Redemption Council. This began a period of military rule that lasted until 1979, when democratic rule was re-established. The 1979 constitution was modelled on those of Western democracies.
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The Constitution addresses inequality and illegal discrimination based on gender, race, colour, religion, etc
Ghana's constitution was approved in 1992 through a national referendum, and 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 constitution holds that the traditional separation of powers is outdated and that the president should preserve the independence of institutions. It establishes the executive as independent from the legislative and judiciary branches of government.
The Constitution of Ghana directly addresses the issue of inequality and illegal discrimination based on "grounds of gender, race, colour, ethnic origin, religion, creed or economic status". Article 17 of the Constitution legally defines the broad term "discrimination", applying the concept of Universal Adult Suffrage to the basis of Ghanaian national law. Section 3 of Article 17 defines discrimination as:
> "...the means to give different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender occupation, religion or creed, whereby persons of one description are subjected or restrictions."
Article 24 establishes the economic rights of Ghanaian citizens, including the right to work under satisfactory, safe, and healthy conditions, with equal pay and the assurance of days off.
Article 41 outlines the duties of Ghanaian citizens, stating that the exercise of rights and freedoms guaranteed in the Constitution is inseparable from citizens' performance of their duties. These duties encompass civil, political, economic, social, and cultural practices.
The Constitution also guarantees the institution of chieftaincy, together with traditional councils as established by customary law.
Ghana has also taken steps to implement gender equality into its legal system, adopting a treaty, multiple statutes, and establishing the Ministry of Gender, Children, and Social Protection. Ghana ratified the international Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1986. However, despite these legal measures, there is still a lack of sustained growth in women's progress in Ghana, due in part to discriminatory practices that mute women's voices and perspectives in decision-making.
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The Constitution defines the rights and duties of citizens
The 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, the structure of the judiciary and legislature, and the rights and duties of citizens. It is made up of 26 chapters, not including the preamble.
The Constitution guarantees the right of citizens to defend and uphold it and resist any person or group seeking to act against it. It also guarantees the right to restore the Constitution if it is suspended, overthrown or abrogated. Citizens have the right to resist punishment for defending the Constitution.
The Constitution also establishes the economic rights of citizens, including the right to work in satisfactory, safe, healthy conditions, with equal pay and the right to days off. Citizens also have the right to form or join trade unions. The Constitution guarantees equal education opportunities and access to educational facilities, with basic education being compulsory and free, and secondary and higher education being accessible to all. Citizens also have the right to homeschool and establish private schools.
The Constitution 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 applies the concept of Universal Adult Suffrage to Ghanaian national law. It also establishes the right to renounce citizenship and the conditions for revoking citizenship.
The Constitution outlines the duties of citizens, stating that the exercise of rights and freedoms is inseparable from the performance of duties. Citizens have the duty to promote the prestige and good name of Ghana, respect the symbols of the nation, foster national unity, respect the rights and freedoms of others, refrain from detrimental acts, work, choose their occupation, protect and preserve public property, expose and combat misuse of public funds, contribute to the well-being of their community, serve in the military when necessary, and cooperate with lawful agencies.
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Frequently asked questions
The 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. It defines the fundamental political principles and establishes the structure, procedures, powers, and duties of the government.
The 1992 Constitution of Ghana provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. It guarantees the institution of chieftaincy and traditional councils, and it defines the rights and duties of citizens. It also establishes economic rights, the right to work, and equal pay.
Ghana has undergone several major changes in its form of government since gaining independence in 1957. Ghana's Second Republic Constitution was drafted in January 1968, and it established a decentralised form of government. The Third Republic Constitution further decentralised power through the creation of regional commissioners. The 1992 Constitution, with revisions in 1996, provided detailed provisions for citizenship and political participation.
