S ep t em b 1er, 979 printing of constitution, constituent assembly dissolved. Article 72 of ghanas 1992 constitution ghanaculturepolitics. This means that no other law in ghana would supersede this documents authority and if any legislation is enacted that conflicts with the constitution, that legislation would be declared, unconstitutional article 12. Ghana has over the years developed into a world player with its government engaging in all kinds of international business and economic transactions with foreign partners. The ghana constitution order in council, 1957 1 start. It declares ghana to be a unitary republic with sovereignty residing in the ghanaian people. The latest amendment included here is the constitution of the republic of ghana amendment act, 1996. A report on the first session of the seventh parliament, 2017 has found article 78 1 of the 1992 constitution a disincentive to the work and the business of the house. In this article, we argue that this latest extension of the ghana presidents. Where upon an application by a man, for registration under clause 1 of this article.
The constitution was approved at the referendum held on 28 april 1992 and promulgated by the constitution of the fourth republic of ghana promulgation law, 1992. Amend article 242 d 2431 of 1992 constitution news ghana. The main issues were the reintroduction of multiparty politics and the division of powers between the president and parliament. The structure of the ghanaian state is set out in the 1992 constitution. Compulsory land acquisition in ghanapolicy and praxis. For the purposes of performing his functions under the constitution, this act and any other law, the commissioner may bring an action before any court in ghana and may seek any remedy which may be available from that court.
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. One of the important characteristics of the constitution of the republic of ghana, 1992, is the prominence it gives to the constitutional protection of the rights of men, women and children who live for a larger part of their lives as families. 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. Constitution of ghana wikisource, the free online library. A highly accessible, easy to use app version of the constitution of ghana the supreme law of the republic of ghana. After over 20 years of constitutional instability under military regimes, the 1992 constitution of the republic of ghana has provided for stable democratic institutions and enabled an environ. All persons shall have the right to equal education opportunities and facilities and with a view to achieving the full realisation of that right a basic education shall be free, compulsory and available to all. Article 11 of the 1992 constitution of ghana states. Page 6 minimum of twenty years, five of which must have been in a top management position. Even if this decision itself is correct, it is nevertheless premised on highly questionable legal propositions and dicta.
The 1992 constitution of the republic of ghana that came into effect on january 7, 1993, provides the basic charter for the countrys fourth attempt at republican democratic government since independence in 1957. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. A referendum on a new constitution was held in ghana on 28 april 1992. Being sovereign, the nation must ensure that its actions are in accordance. Ascertain from the people of ghana their views on the operation of the 1992 fourth republican constitution and, in particular, the strengths and weaknesses of the constitution. Since the first republican constitution in 1960, ghana has had three other constitutions. Article of the constitution is repealed and the following inserted 8 i a citizen of ghana may hold the citizenship of any other country in addition. The basic policy for compulsory acquisition is provided by the 1992 constitution government of ghana, 1992. What is this 1992 constitution, article 754, cross 1285. The 1992 constitution of ghana has some provisions that calls for the need for free compulsory basic education. No person or body other than parliament has the power to pass any measure with the force of law except by or under the. Article 1 name of the party the name of the party is the new patriotic party.
The republic of suriname promotes the development of the international legal order and supports the peaceful settlement of international disputes. The 1992 constitution is the supreme law of ghana and any other law found to be inconsistent with any of its provisions shall be void. Below is the 1992 constitution of the republic of ghana, arranged by. Article 20 1 provides that no property of any description, or interest in or right over any property shall be compulsorily taken possession of or acquired by the state unless.
The attorney general, has unanimously decided that, even under the 1992 constitution, high court and the court of appeal have no jurisdiction in chieftaincy matters. Ghana s legal system is thus founded on the 1992 constitution constitution. Constitution was promulgated in 1992 which ushered in the fourth and current republican dispensation. Having modelled three different constitutions along the lines of both systems since 1960, there emerged the preference for constitutional hybridity in 1992. A declaration, by virtue of articles 20 5, 23, 257, 265, 284 and 296 of the constitution of the republic of ghana, 1992, the government of ghana is obliged to retain and continue to use in the public interest the property compulsorily acquired for public purpose the parcel of land designated as parcel no. Constitution of the third repubuc of ghana promulgation decree, 1979 2 the said constitution shall have the force of jaw. The constitution acts of parliament subsidiary legislation existing laws all laws existing prior to 1992 constitution common law of ghana i. To participate in shaping the political will of the people by disseminating information on political ideas, social and economic programmes of the party. What were the steps taken when drawing the 1992 constitution. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1.
Ghana audit service paper on proposals for amendment of the 1992 constitutional provisions on the office of the auditorgeneral and the audit service. Upon a true and proper interpretation of article 1811 of the 1992 constitution, and section 73 a and b of petroleum revenue management act, 2011 act 815, gnpc being wholly owned by the people of ghana cannot issue a bank guarantee, procure any loan for commercial purpose or provide any funding to any entity whether private or public. History and antiquity bear ample testimonies to the paradoxical and enigmatic nature of some individuals. Holidays act 2001 act 601 section 1public holidays a day specified in the schedule is hereby declared a public holiday throughout the republic. Article 117 of the constitution provides further that any order, rule or regulation made by a person or authority under a power conferred by the constitution or any other law, shall be laid before parliament, published in the gazette and comes into force. Constitution of the fourth republic of ghana promulgation law, 1992 pndcl 282 as amended by constitution of the republic of ghana amendment act, 1996 act 527. Article 2 aims and objectives the aims and objectives of the party are. To ascertain from the good people of ghana their views on the operation of the 1992 constitution, in particular its strength and weakness. The 1992 constitution classifies subsidiary legislation as part of the laws of ghana. The evolution of ghana law since independence duke law. The constitution shall come into force oll the 24th day of ment constitutionor. Article 78 1 of 1992 constitution disincentive report.
It is expressed by universal, equal and secret suffrage. It was approved on 28 april 1992 through a national referendum after 92% support. The evoluation of ghana law since independence assembly is curtailed, however, by the necessity for presidential assent before a bill can become effective, 6 by the prohibition of amendments of the annual estimates money bills submitted by the cabinet,7 and is at least qualified by the special. 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. Under the constitution, there are three arms of government namely the executive, the legislative parliament and the judiciary. Djiboutis constitution of 1992 with amendments through 2010. Under article 932 of the constitution the legislative power of ghana is vested in parliament and is exercised in accordance with the constitution. The 1992 constitution of ghana is the supreme law of the state. A machiavellian new principality in a choir robe perhaps, williams shakespeare was right when he said that hell is empty and all the devils are here. The republic of suriname recognizes and respects the right of nations to selfdetermination and national independence on the basis of equality, sovereignty and mutual benefit.
Whereas the consultative assembly submitted the draft constitution for the republic of ghana to the pndc on 31st march, 1992. The constitution of ghana is the supreme law of the republic of ghana. Below is the 1992 constitution of the r epublic of ghana, arranged by chapters. The right of resistance and the defence of ghanas fourth. Download this app from microsoft store for windows 10 mobile, windows phone 8. The constitution of the republic of the republic of ghana 1992 1.
Home opinion featured articles amend article 242 d 2431. The impact of the 1992 constitution on family rights in ghana. See also article 31 of the 1969 constitution of the republic of ghana which makes provision for the defence of the constitution. What are the sources of law in ghana 1992 constitution. Below is the 1992 constitution of the republic of ghana, arranged by chapters. The supreme court of ghana, in the ghana bar association v. There were 8,255,690 registered voters for the referendum. Constitution of the republic of ghana amendment act, 1996. The earlier constitutions can be located in the historic. Telecommunications in ghana include radio, television, fixed and mobile telephones, and the internetintended for a. Section 10regional and district branches of commission. 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. Ghana s constitution of 1992 with amendments through 1996.
Browse and navigate ghana constitution in easy, natural real time and advanced. Oct 25, 2016 the 1992 constitution has many good provisions. Secret ballot claim of universal suffrage the executive power and legislative power shall proceed from universal. The main legislative basis for religious liberty is article 211c of the 1992 constitution which, like article 18 of the international covenant on civil and political rights iccpr, guarantees the right of belief and the right to manifest. Ghana s 1992 constitution is a hybrid arrangement that combines some features of both the us presidential and british westminster systems of government. The constitution of the republic of ghana in the name of the almighty god we the people of ghana.
The following is the text of the 1960 ghana constitution, the first constitution of. The laws of ghana shall comprise a this constitution. General20 and the exercise of his powers were subject to the constitutional con. Notwithstanding clause 1 of this article and paragraph c of clause 3 of article 94 of.
Constitutional hybridity and constitutionalism in ghana. Until otherwise provided by law, the territories of ghana shall consist of those. All persons shall have the right to information, subject to such qualiications and laws as are necessary in a democratic society. Article 2781 of the constitution to establish a commission of inquiry into. Download ghana constitution 1992 pdf bcfaf6891f ghana elects on national level a head of state, the president, and a legislature. Many a times we say ghana practices separation of powers but taking a look to the 1992 constitution i ask myself, do we truly practice this concept.
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