In the present discussion i examine the sources of. Section 9particulars to be given on request every person who occupies any office or shop to which this act applies shall, if so requested by an inspector, within one month serve on the chief inspector a notice containing the particulars set out in the third schedule. Whereas the said draft constitution was submitted to a national referendum held throughout ghana on the 28th april, 1992. Ghanas constitution of 1992 with amendments through 1996. No law and no provision of any law made on or after the appointed day by the parliament of ghana shall be void or inoperative on the. One chief weakness observed is that the constitution makes the executive president too powerful without t. The constitution of ghana is the supreme law of the republic of ghana. The political struggles that preceded this historic event date back over a hundred years. The constitution approved at the referendum held on 28th april, 1992 and set out in the schedule to this law shall come into force on the 7th day of january, 1993. The colonial laws validity act, 1865, shall not apply to any law made on or after the appointed day by the parliament of ghana. Below is the 1992 constitution of the republic of ghana, arranged by chapters. Promulgation decree of the 1979 constitution of ghana download pdf this decree, which serves as a preamble to the 1979 constitution, details what the functions were of the constituent assembly in 1978, including their power to deliberate upon the constitution for the establishment of a transitional national government for ghana, and to make. The ghana constitution order in council, 957 1 strat.
The article argues that while there are differences of opinion around the application of the political question doctrine within ghanas judiciary, the doctrine is firmly part of ghanaian constitutional law. In 1957, when ghana achieved full political independence the constitution was fashioned after the westminster model. Another new constitution was promulgated in 1954, followed by elections the same year, also won by the cpp. The main issues were the reintroduction of multiparty politics and the division of powers between the president and parliament there were 8,255,690 registered voters for the referendum. The aftermath of asante or sagrenti war of 1874 which led to the landmark introduction of the gold coast constitution of 1874 and the annexation of the asante kingdom to become a british protectorate in 1885, can hardly be overlooked by history enthusiasts and constitutional lawyers. Constitution online constitute project organization pdf of constitution as amended to 1996 consulted on 201809 abstractcitation. It therefore becomes difficult to include or exclude this period from. Article 72 of ghanas 1992 constitution seems to be the hardest hit in the entire episode. Every local church shall be, and remain, an assemblies of god, ghana church and shall be subject to this constitution b. Mar 14, 2018 the constitution of the republic of ghana in the name of the almighty we the people of ghana, in exercise of our natural and inalienable right to establish a framework of government, which shall secure for ourselves, and posterity the blessings of liberty, equality of opportunity and prosperity. Sources of law in ghana victor essien fordham university in january 1993, ghana s fourth republic was inaugurated after a 12year military interregnum. Ghanaian constitution vests in parliament the responsibility of. The constitution of sierra leone, 1991 being an act to make provision for a new constitution of sierra leone, and for connected purposes 1 october, 1991 be it enacted by the president and members of parliament in this present parliament assembled, as follows.
Repealed by the ghana national fire service act, 1997 act. It is the provision that hands the president of ghana the widest powers to vet judicial sentences, as a. Supremacy of the constitution 1 the sovereignty of ghana resides in the people of ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution. Sources of law in ghana victor essien fordham university in january 1993, ghanas fourth republic was inaugurated after a 12year military interregnum. Sittings of national assembly part vi interpretation 94. Ghana is a unitary republic with an executive presidency and a multiparty political system. It is therefore the responsibility of her majestys government in the united kingdom to advise her majesty as to its form. The fourth republic was ushered in by a new constitution promulgated in october, 1992, yet another signal to the resumption of legal normalcy. This guide to law online ghana contains a selection of ghanaian legal, juridical, and governmental sources accessible through the internet.
The article argues that while there are differences of opinion around the application of the political question doctrine within ghana s judiciary, the doctrine is firmly part of ghanaian constitutional law. Votes of twothirds of the assembly chapter vi the judicature part i the high court 95. A new constitution, based on the us model, was approved by national referendum in april 1992. The 1999 constitution is regarded as a colonial constitution b pre independence constitution c independence constitution d post independence constitution.
Following another convincing election victory by nkrumahs party in 1956, gold coast became the first subsaharan african state to gain independence aside from apartheid south africa on 6 march 1957, changing its name to ghana. Fundamental human right and freedoms 12 1 the fundamental human rights and freedoms enshrined in this chapter shall be respected and upheld by the executive, legislature and. The constitution makes human rights in ghana everybody. These two principles of limiting governmental powers are not mutually exclusive. Constitution of actionaid international ghana aaig name of the organisation 1. Of ghana entitled chieftaincy act, 2008 anact to revise and consolidate the chieftaincy act, 1971act 370 to bring its provisions in conformity with the constitution and to provide for related matters.
Amendments to the constitution in 1960 transformed ghana into a republic under a president and set up one party state. In the pursuit of it object actionaid international ghana shall affiliate with other actionaid international bodies. Committee agreement by signing the below, the committee commits to adhering to the constitution and its bylaws. Constitution of the republic of ghana amendment act, 1996 act 527. The main issues were the reintroduction of multiparty politics and the division of powers between the president and parliament. In some african countries, including ghana in 1969, 1979, and 1992, where the principle of. Article pdf available in african journal of international and comparative law 182 may 2010 with 1,657 reads. Since 195i, adroit leaders of a wellorganized political party had operated a responsible. Promulgation decree of the 1979 constitution of ghana. A highly accessible, easy to use app version of the constitution of ghana the supreme law of the republic of ghana. They commit to achieving their aims and objec tives in the 201718 academic year, and meeting the minimum requirements to be considered a student group by the university of salford students union. The name of the organisation is actionaid international ghana and shall hereinafter be called the organisation. Ghana s constitution of 1992 with amendments through 1996.
The new constitution for ghana must be made by order in council passed before the actual date of independence. Section 5prohibition of partnerships exceeding 20 members no company, association or partnership consisting of more than twenty persons shall be formed for the purpose of carrying on any business that has for its object the acquisition of gain by the company, association or partnership, or by the individual. The political parties law act 574 of 2000 parliament. Constitution of ghana wikisource, the free online library. As the house knows, ghana is to attain independence within the commonwealth on 6th march. The electoral college consists of the members of the parliament the national assembly, as well as electors. The constitution of the republic of the republic of ghana 1992 1. Kiribatis constitution of 1979 with amendments through 1995. And whereas the people of ghana approved the said constitution for the administration of ghana to come into force on 7th day of january, 1993. Ghana to constitutional rule by respecting the terms of such a pact. This decree, which serves as a preamble to the 1979 constitution, details what the functions were of the constituent assembly in 1978, including their power to deliberate upon the constitution for the establishment of a transitional national government for ghana, and to make amendments in said draft. What is this 1992 constitution, article 754, cross 1285. Unlike the independence and 1963 republican constitutions, there was a combination of real and formal authorities in the office of an executive president or governor. It defines the fundamental political principles, establishing the structure, procedures, powers and duties of the government, structure of the judiciary and legislature, and spells out the fundamental rights and duties of citizens.
Chapter twentyone lands and natural resource public lands 257 1 all public lands in ghana shall be vested in the president on behalf of, and in trust for, the people of ghana. The head of state is the president, elected by a system of indirect elections for a term of four years. This could have made ayee institute, ghana school of surveyors and j mapping, christian services university amongst others persona non grata in the union. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1. A referendum on a new constitution was held in ghana on 28 april 1992. No provision on the location of nugs secretariat was restated in this constitution in recognition of the fact that nugs has no permanent secretariat for now and its national.
Download pdf this decree, which serves as a preamble to the 1979 constitution, details what the functions were of the constituent assembly in 1978, including their power to deliberate upon the constitution for the establishment of a transitional national government for ghana, and to make amendments in said draft. In the united states of america usa, for example, they operate side by side and reinforce each other. Ghana is a unitary republic with an executive presidency and a. What were the steps taken when drawing the 1992 constitution. The constitution of the republic of ghana in the name of the almighty we the people of ghana, in exercise of our natural and inalienable right to establish a framework of government, which shall secure for ourselves, and posterity the blessings of liberty, equality of opportunity and prosperity.
The evolution of ghana law since independence william burnett haivey introduction on march 6, 1957, the british gold coast achieved independence in circumstances that apparently offered a bright future for sovereign, independent ghana. Chieftaincy act, 2008 act 759 food and agriculture. It was approved on 28 april 1992 through a national referendum after 92% support. Subject to clause 2 a of this article each local church shall be self governing, self propagating, and selfsupporting under the local church pastor, and accredited worker, or an approved leader, as the case may be. The constitution shall come into force oll the 24th day of ment constitutionor. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Nov 17, 2019 news ghana is ghana s leading online news portal for business in west africa and around the world.
Ag ghana constitution pages 1 50 text version fliphtml5. And whereas the people of ghana approved the said constitution for the administration of. Features of the 1979 republican constitution nigerian. Browse and navigate ghana constitution in easy, natural real time and advanced. Ghana constitution 1960 preliminary note by francis bennion the following is the text of the 1960 ghana constitution, the first constitution of the country after it became an independent republic by virtue of the ghana independence act 1957. Contains 26 chapters and 179 sections, covering matters including fundamental human rights and freedoms, composition of the government and the public service, electoral rights, the judiciary and courts. Subject to the provisions of this constitution, the executive powers of the federation.
Actionaid ghanas existence as an affiliate 4 members will serve a maximum term of 4 years. News ghana is ghanas leading online news portal for business in west africa and around the world. The constitution was the supreme law of the land, with which all other laws must align. Section 5offences and penalties 1 a person who contravenes section 4 commits an offence and is liable on summary. Alteration of constitution part v summoning, prorogation and dissolution 90. There were 8,255,690 registered voters for the referendum.
256 1187 302 291 758 310 1398 976 1339 132 1357 384 657 40 1332 169 1085 792 903 1419 829 18 10 1391 1503 803 936 814 758 1281 1388 289 1195 295 369 830 120 1128 589 82