Ghana audit service paper on proposals for amendment of the 1992 constitutional provisions on the office of the auditorgeneral and the audit service. Any law, already existing or made thereafter that is inconsistent with the provisions of the constitution is void and of no legal effect. To win political power through democratic means in order to pursue the partys agenda as. 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.
Jun 29, 2016 govt starts process to amend article 112 of ghanas constitution the government has started the process of amending article 112 of the 1992 constitution of the country to enable parliamentary and presidential elections to be held on the first monday of november on every election year. 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. Ghana, grenada, guyana, india, jamaica, kenya, kiribati, lesotho, malawi. Article 23 every citizen shall work for the common good. One chief weakness observed is that the constitution makes the executive president too powerful without t. Nana addo in one of te qualified lawyers in ghana because during the 1992 constitution of ghana he was one of the members who. What are the sources of law in ghana 1992 constitution discuss. Constitution of ghana wikisource, the free online library. The structure of the ghanaian state the structure of the ghanaian state is set out in the 1992 constitution. 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 2781 of the constitution to establish a commission of inquiry. Article 2 aims and objectives the aims and objectives of the party are. 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.
The latest amendment included here is the constitution of the republic of ghana amendment act, 1996 which was assented on 16 december 1996. The structure of the ghanaian state is set out in the 1992 constitution. Fundamental human rights in ghana and institutions to. This paper takes the form of a combination of a prescriptive and descriptive study analyzing the scope of the commission of human right and administrative justices chraj mandate under the 1992 constitution of ghana as well as relevant laws. Article 25 1b of the 1992 constitution states that secondary education in its different forms including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education.
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. Ghanas constitution of 1992 with amendments through 1996. The constitution of the republic of the republic of ghana 1992 1. Below is the 1992 constitution of the republic of ghana, arranged by chapters. Article 72 of ghanas 1992 constitution ghanaculturepolitics.
Govt starts process to amend article 112 of ghanas. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1. In narrowing down the focus to ghana, it was observed that the 1992 constitution of the. Amendments to the constitution in 1960 transformed ghana into a republic under a president and set up one party state. It was approved on 28 april 1992 through a national referendum after 92% support. Section 5offences and penalties 1 a person who contravenes section 4 commits an offence and is liable on summary. The new nigerian constitution has no place for such terms as parliament, cabinet or prime minister, yet the transition from the westminster to a washington model is a logical, predictable one likely to prompt imitation elsewhere. The constitution outlines not only how the various individuals and public bodies. Except as provided in this constitution, or in any other law not inconsistent with this. The vice president and succession to the presidency. Since 1993, however, ghana has been governed on democratic lines on the basis of the 1992 constitution. 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. Constitution of the republic of ghana amendment act, 1996.
The chief justice of ghana is the highestranking judge of the supreme court of ghana. 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. The laws of ghana shall comprise a this constitution. Page 6 minimum of twenty years, five of which must have been in a top management position. The earlier constitutions can be located in the historic constitutions volume of constitutions of countries of the world. Article 11 no person may be kept against his will from the judge whom the law assigns to him. History and antiquity bear ample testimonies to the paradoxical and enigmatic nature of some individuals. Create a book download as pdf download as epub download as. Prime minister is absent from mauritius or is by reason of illness or of section 605.
Perhaps, williams shakespeare was right when he said that hell is empty and all the devils are here. There were 8,255,690 registered voters for the referendum. What were the steps taken when drawing the 1992 constitution. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Ghana, of the stool, skin, or family concerned and are accountable as. The constitution of the republic of ghana arrangement of articles chapter onethe constitution article 1. Article 171 and 2particularly of the 1992 constitution of ghana guarantees gender equality. The creation of districts and constituencies in ghana. Under article 932 of the constitution the legislative power of ghana is vested in parliament and is exercised in accordance with the constitution. Cape verdes constitution of 1980 with amendments through 1992. The amending act 602 also made provision for cessation of any pending. The following is the text of the 1960 ghana constitution, the first constitution of the. 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.
The right of resistance and the defence of ghanas fourth. The main issues were the reintroduction of multiparty politics and the division of powers between the president and parliament. The directive principles of state policy 34 1 the directive principles of state policy contained in this chapter shall guide all. United nations convention on the law of the sea contents. The 1992 constitution of ghana is the supreme law that governs our nation ghana and has clearly spelt out the roles of state institutions with some level of interdependence to enhance the life of the ordinary ghanaian. The project seeks to analyse each of the 299 articles of the 1992 constitution and the 37 sections of the transitional provisions textually, contextually. Telecommunications in ghana include radio, television, fixed and mobile telephones, and the internetintended for a. The vicepresident and succession to the presidency. Download ghana constitution 1992 pdf bcfaf6891f ghana elects on national level a head of state, the president, and a legislature. Constitution online constitute project organization pdf of constitution as amended to 1996 consulted on 201809 abstractcitation. Article 10 everyone shall have, in case of infringement of ones rights and freedoms, a claim to an honest and public treatment of his complaint within a reasonable time by an independent and impartial judge.
The right to life the right to life, however, is limited and no person shall be liable for the death of another in cases of war or when the death is justifiable under law. Review of the 1992 constitution ghana urged to hasten slowly. The constitution of ghana is the supreme law of the republic of ghana. Article 9 of the constitution is amended by the repeal of clause 5. The ghanaian constitution of 1992 invests the creation of districts. Chieftaincy jurisdication and the muddle of constitutional. Composition of supreme court and qualifications of its justices. For the avoidance of doubt, it is hereby declared that at the end of an emergency declared under clause 1 of article 31 of this constitution, a person. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. Stool lands are defined in section 18 of the office of. Article 1 under chapter one of the constitution provides. Supremacy of the constitution social science flashcards.
To make recommendations to the government for consideration and provide a draft bill for possible amendment to the 1992 constitution. Ghanas goals towards achieving gender equality targets are guided by its commitment to international instruments, its constitution and national development frameworks. Composition and mode of exercise of power of judiciary. Sources of ghana law meaning of sources of law the term sources of law may have several meanings firstly it may mean that which gives the law its formal validity formal source, for example the constitution.
Act 527 constitution of the republic of ghana amendment act, 1996. Ghana has the distinction of being the first british colony south of the sahara to have attained independence from colonial rule in 1957. 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. Towards the achievement of the objectives stated in clause 5 of this article, the state shall take appropriate measures to a foster a spirit of loyalty to ghana that overrides sectional, ethnic and other loyalties. Amend article 242 d 2431 of 1992 constitution news ghana.
Even if this decision itself is correct, it is nevertheless premised on highly questionable legal propositions and dicta. Mar 24, 2012 what is this 1992 constitution, article 754, cross 1285. I call a bond, refundable at the gate here in the us when she lands. A us based ghanaian professor kweku asare has carried out threat to sue the speaker for refusing to be sworn into office as president in the absence of the president and his vice. Below is the 1992 constitution of the republic of ghana, arranged by. What is this 1992 constitution, article 754, cross 1285. Any law, customary practice or a decision of an organ of state or a public official which contravenes this constitution shall be of no effect.
What are the sources of law in ghana 1992 constitution. Article 78 1 of 1992 constitution disincentive report. 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. This lecture is a tiny component of a broader project titled the 1992 constitution. National minimum salary and maximum limit to working hours. The constitution of the republic of ghana in the name of the almighty god we the people of ghana. It may also mean the direct means which law is made or comes into existence legal source for example legislation and judicial precedents. 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.
A referendum on a new constitution was held in ghana on 28 april 1992. The constitution shall come into force oll the 24th day of ment constitutionor. 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. Article 11 of the 1992 constitution of ghana states. The country has had a rather chequered political history largely dominated by military rule. 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. When can it be properly said that a ghanaian citizen is by reason of nonregistration as a voter not qualified to be a member of parliament within the meaning of article 941 a of the 1992 constitution of ghana. Creation, alteration or merger of regions chapter threecitizenship 6. The electoral commission as per article 45c of the 1992 constitution is the. Constitution of the federal democratic republic of ethiopia. Article 12 of the 1992 constitution makes the constitution the highest law of the land therefore every other law must be subject to it. Since the first republican constitution in 1960, ghana has had three other constitutions. Defence of the constitution chapter twoterritories of ghana 4.
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. The supreme court of ghana, in the ghana bar association v. Pdf ghana, the country widely acknowledged as the contemporary leader in. In this article, we argue that this latest extension of the ghana presidents. Regions of ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens. The chief justice is also the head of the judiciary of ghana and is responsible for its administration and supervision.
Article pdf available in african journal of international and comparative law 182 may 2010 with 1,657 reads. Constitution of the republic of ghana 1992, as amended to 1996. Its a carryover concept from the 1969 and 1979 constitutions of ghana. In order of state precedence, the chief justice is the fourth highest official in ghana. Below is a list of human rights in ghana as enshrined in the constitution. Some pertinent issues in the current dispensation raymond baguio bening abstract the creation of administrative districts and parliamentary constituencies constitute major aspects of the internal organisation of states. Pdf the papers focus was to examine and analyse the relationship.
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