Jonah Patel
Ghana has had a dynamic constitutional history since gaining independence from British colonial rule in 1956. The country has undergone several significant shifts in its form of government, transitioning from a republic to a one-party state and experiencing multiple military takeovers. Ghana's current constitution, established in 1992, forms the foundation of the Ghanaian Fourth Republic and embodies democratic principles. This constitution has been subject to proposed amendments and ongoing debates surrounding equality and anti-discrimination provisions. Ghana's constitutional evolution reflects the country's pursuit of a stable and inclusive democratic governance.
| Characteristics | Values |
|---|---|
| Date enacted | 28 April 1992 |
| Type of government | Unitary republic |
| Sovereignty | The people of Ghana |
| Supreme law | Any law inconsistent with the Constitution is void |
| Equality | Guaranteed before the law |
| Discrimination | Illegal based on gender, race, colour, ethnic origin, religion, creed or economic status |
| Judicial system | Based on the English model, but with Ghanaian customary law recognised |
| Judiciary | Independent of all other branches of government |
| Chieftaincy | Institution guaranteed |
| Multiparty state | Yes |
| Head of state | President |
| Vice president | Yes |
| Elected District Assemblies | Yes |
| District and local government members | No political party affiliation |
| Military | Army, navy and air force |
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What You'll Learn
Ghana's Second Republic Constitution
Ghana has undergone several major changes in government since its independence in 1957. Ghana was first declared a republic in 1960, under the premiership of Kwame Nkrumah. By 1964, Ghana had transitioned from a republic to a one-party state with a presidential system, where rights of the citizenry were eroded and political participation was completely banned. Ghana experienced an unstable political environment with several military takeovers in 1966, 1972, 1978, 1979, and 1981, despite the establishment of democratic administrations in 1969 and 1979.
Before the inauguration of the first government of the Third Republic Constitution, Ghana established a "National Government" that would rule as a transitory government for "at least" four years. The Third Republic instituted a decentralised style of government through the creation of regional commissioners with cabinet standings, controlling the policy initiative of the locality and ideally balancing ethnic interests.
The 1992 Constitution, approved by referendum, provided for greater freedom of the press and human rights guarantees, a similar executive branch to the US with the president being elected in four-year terms, and the reinforcement of a unitary government while allowing for local governments. The Fourth Republic's first government was officially sworn in on January 7, 1993.
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Ghana's Third Republic Constitution
Ghana has experienced several significant shifts in its form of governance and democratic system since its independence in 1957. The country was initially declared a republic in 1960 under the leadership of Kwame Nkrumah. However, by 1964, Ghana had transitioned into a one-party state, characterised by the erosion of citizen rights and the prohibition of political participation. Ghana underwent a series of military takeovers and witnessed the establishment of democratic administrations in 1969 and 1979.
Prior to the inauguration of the Third Republic Constitution, Ghana established a "National Government" as a transitory governing body for a minimum of four years. The Third Republic Constitution instituted a decentralised system of governance by appointing regional commissioners with cabinet standings, enabling them to control the policy initiatives of their respective localities and balance ethnic interests.
The Second Republic Constitution, drafted in January 1968, challenged the traditional separation of powers and emphasised the president's role in preserving institutional independence. It established a decentralised form of governance, where local administrations functioned as extensions of the central government, which set their prerogatives.
Ghana's political landscape underwent significant changes, including several military takeovers in 1966, 1972, 1978, 1979, and 1981. In 1984, the PNDC established a National Commission on Democracy to explore ways of establishing participatory democracy in Ghana. This led to district-level elections in late 1988 and early 1989 for the newly created district assemblies.
On April 28, 1992, a referendum was held, resulting in the approval of the 1992 Constitution and the formation of the current Ghanaian Fourth Republic. This constitution was founded on democratic principles established by previous constitutions and the contributions of a 258-member Committee of Experts. It provided for a multiparty system, ensured greater freedom of the press, and guaranteed human rights. The Fourth Republic's first government was sworn in on January 7, 1993.
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Ghana's Fourth Republic Constitution
Ghana has undergone several major changes in its type of government and democratic processes since gaining independence in 1957. Ghana was first declared a republic in 1960, but by 1964 it had transitioned to a one-party state with a presidential system, where citizens' rights were eroded and political participation was banned. Ghana experienced an unstable political environment with several military takeovers despite the establishment of democratic administrations.
On 28 April 1992, a referendum was held, approving the 1992 Constitution and forming the current Ghanaian Fourth Republic. This constitution was based on the democratic principles established by the 1957, 1969, and 1979 Constitutions, as well as the input of a 258-member Committee of Experts. The 1992 Constitution came into force on 7 January 1993, marking the beginning of the Fourth Republic and a transition to democratic government.
The 1992 Constitution, as the supreme law of the land, provides for a multiparty republic with a system of checks and balances to avoid concentrating power in any specific branch of government. It establishes the sharing of powers among a president, a parliament, a cabinet, a 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 judiciary, led by the Supreme Court, has broad powers of judicial review and rules on the constitutionality of legislative and executive actions.
The 1992 Constitution also addresses issues of inequality and discrimination based on gender, race, colour, ethnic origin, religion, creed, or economic status. It defines discrimination and establishes economic rights for citizens, including the right to work under satisfactory, safe, and healthy conditions, with equal pay and assured days off. Additionally, it outlines citizenship rights and provisions, including the acquisition of citizenship by birth, adoption, and marriage.
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Equality and anti-discrimination laws
Ghana's 1992 Constitution, as amended in 1996, is the supreme law of the land. It provides for a multiparty republic with a decentralised government, a president as head of state, and a vice president. The Constitution upholds the principle of equality and prohibits all forms of discrimination against all Ghanaian nationals and foreigners in Ghana.
Article 17 of the Constitution defines discrimination as:
> [G]iving different treatment to 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 to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
Article 17 also establishes the illegality of discrimination based on "grounds of gender, race, colour, ethnic origin, religion, creed or economic status". This is further reinforced by Article 15, which states that all persons "shall be equal before the law" and that discrimination is prohibited on the grounds of "gender, race, colour, ethnic origin, religion, creed or social or economic status".
Article 13 of the Constitution also states that the state shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice based on "place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs".
The Constitution provides a blanket restriction on all forms of discrimination, and this includes age discrimination. While there is no specific legislation on age discrimination, there are laws and policies that protect persons against it, including the Labour Act, 2003, the Children's Act, 1998, and the National Ageing Policy issued in July 2010.
Ghana's Constitution also promotes gender equality. For example, Article 14 guarantees women equal rights to training and promotion without any impediments. It also provides for paid maternity leave for working mothers and childcare facilities for mothers with children below school-going age.
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Citizenship laws
Ghana's current constitution, formed in 1992, is the country's fourth republic and is based on democratic principles established by the 1957, 1969, and 1979 Constitutions. It provides for a multiparty system with a president as head of state and a vice president. The 1992 Constitution also guarantees the institution of chieftaincy, together with its traditional councils, as established by customary law and usage.
Ghanaian citizenship laws are regulated by the Constitution of Ghana, the Ghana Citizenship Act, and its revisions, as well as various international agreements to which the country is a signatory. These laws determine who is a national of Ghana and who is eligible to become one. Nationality is typically obtained under the principle of jus sanguinis, meaning one is born to parents with Ghanaian nationality. It can also be granted to persons with an affiliation to the country or to permanent residents who have lived in the country for a given period of time through naturalization.
Ghanaian nationality can be obtained by adoptees upon completion of a legal adoption, by the spouse of a Ghanaian national upon registration, and by minor children who can be automatically naturalized when their parent acquires nationality. Refugees can also obtain nationality with the approval of the Minister of the Interior if they meet the general naturalization requirements. Additionally, persons of African descent may apply for an indefinite right of abode under the Immigration Act of 2000 to accommodate the needs of the African diaspora.
Dual nationality has been allowed in Ghana since 2000, however, high public offices are restricted to those holding only Ghanaian nationality. A person who becomes a citizen of Ghana by registration and is also a citizen of another country shall cease to be a citizen of Ghana unless they have renounced the citizenship of the other country. On the other hand, a Ghanaian citizen who loses their Ghanaian citizenship due to acquiring the citizenship of another country shall become a citizen of Ghana again upon renunciation of the other citizenship.
Parliament may make provisions for the acquisition of Ghanaian citizenship by persons who are not eligible under the Constitution. However, a person shall not be registered as a citizen of Ghana unless they are able to speak and understand an indigenous language of Ghana at the time of their application for registration.
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Frequently asked questions
Ghana has had four republican constitutions since it gained independence in 1957: 1957, 1960, 1969, 1979, and 1992.
The 1957 Constitution established a Westminster system of government with a prime minister as head of cabinet and the British Monarch as the head of state. It also provided for the representation of chiefs and tribal authorities in regional councils.
Amendments to the Constitution in 1960 transformed Ghana into a republic under a president and set up a one-party state. This constitution gradually transformed Ghana into an authoritarian state where fundamental rights and political participation were either severely restricted or completely banned.
