Portuguese traders arrive on the coast of what is now ghana, then known as the gold coast, and begin to establish trading settlements. The constitution of ghana is the supreme law of the republic of ghana. Holidays act 2001 act 601 section 1public holidays a day specified in the schedule is hereby declared a public holiday throughout the republic. The constitution acts of parliament subsidiary legislation existing laws all laws existing prior to 1992 constitution common law of ghana i. The constitution of the republic of ghana in the name of the almighty god we the people of ghana. The structure of the ghanaian state is set out in the 1992 constitution. Members of the opposition boycotted the parliamentary elections. In may 1991 the pndc government set up a 260member consultative assembly to oversee the restoration of multiparty democracy. Pdf constitutional hybridity and constitutionalism the case of. Now therefore in pursuance of the provisional national defence council establishment proclamation, 1981, this law is hereby made. After gaining independence in march 1957, ghana saw four parliaments under four different republics i. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on.
The british begin trading along the coast, to be joined in due course by german, danish, and dutch traders. Presidential elections were held on november 3 and parliamentary elections on december 29 of that year. Telecommunications in ghana include radio, television, fixed and mobile telephones, and the internetintended for a. Article 11 of the 1992 constitution of ghana states. 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 1992 constitution of ghana is the supreme law of the state. Also, because of the general belief systems across a country like ghana, h omosexuality is generally not tolerated. It is only when those who are to participate in governance are well informed that they can contribute meaningfully to governance. On 18 may 1992, the ban on party politics was lifted in preparation for multiparty elections. Ghanas constitution of 1992 with amendments through 1996. Ascertain from the people of ghana their views on the operation of the 1992 fourth republican constitution and, in particular. Pdf the hybrid nature of the 1992 constitution of the republic of ghana. To make recommendations to the government for consideration and provide a draft bill for possible amendment to the 1992 constitution.
Constitution of the republic of ghana amendment act, 1996. Download ghana constitution 1992 pdf bcfaf6891f ghana elects on national level a head of state, the president, and a legislature. First republican constitution of 1960, the second republican constitution of 1969, the third republican constitution of 1981 and the fourth republican constitution of 1992. In the book, the introductory part covers the historical overview of ghanas.
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. Ghana s constitution of 1992 with amendments through 1996. I show that over successive parliamentary terms parliamentary committees. Since 195i, adroit leaders of a wellorganized political party had operated a responsible.
Ghana audit service paper on proposals for amendment of the 1992 constitutional provisions on the office of the auditorgeneral and the audit service. Ghana country history and economic development 1470. The constitution outlines not only how the various individuals and public bodies fit together, but also explains their respective functions. 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. Chapter one the constitution 1 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. This study is evidence based, which highlights the fact that though homosexuality is a crime in ghana, it is. Nana addo in one of te qualified lawyers in ghana because during the 1992 constitution of ghana he was one of the members who wrote the constitution with. It may also mean the direct means which law is made or comes into existence legal source for example legislation and judicial precedents. A new constitution, based on the us model, was approved by national referendum in april 1992. Ghana is a unitary republic with an executive presidency and a multiparty political system. Adopted 1992 preamble in the name of the almighty god we the people of ghana, in exercise of our natural and inalienable right to establish a framework of government which shall. Article 11 2 of the 1992 constitution identifies the common law as a source of law in ghana. Fundamental human rights and freedoms and is dedicated to the protection and. The current 1992 constitution is available free of charge online see also here.
It was approved on 28 april 1992 through a national referendum after 92% support. 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. Constitution of ghana wikisource, the free online library. Every person in ghana, whatever his race, place of origin, political opinion, colour, religion, creed or. Nana addo in one of te qualified lawyers in ghana because during the 1992 constitution of ghana he was one of the members who wrote the constitution with tsatsu who is the ever youngest lawyer in. This can only be achieved if they have access to the. 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.
Some of the features of the 1992 constitution of the republic of ghana are who has the right to vote, what rights are protected by the courts, and the procedures that must be followed by the. 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. The constitution shall come into force oll the 24th day of ment constitutionor. Free download ghana constitution 1992 for pc using this tutorial at browsercam. The constitution of the republic of the republic of ghana 1992 1. In this article i assess the position of the parliament of ghana under the fourth republic during the first four parliamentary terms 1992 1996, 1996 2000, 2000 2004, 2004 2008. This constitution shall be the supreme law of ghana and any other law found to be inconsistent with. Under the constitution, there are three arms of government namely the executive, the legislative parliament and the judiciary. Although ghana s 1992 constitution made provisions for all persons living in ghana to have the right to information as a fundamental human right, little is known on why the framers of the constitution made provisions for this particular right. Being sovereign, the nation must ensure that its actions are in accordance. I focus on the parliamentary functions of law making and oversight. One chief weakness observed is that the constitution makes the executive president too powerful without t.
Review of 16 years of the operation of the 1992 constitution of. Ghana s legal system is thus founded on the 1992 constitution constitution. To a large extent the constitutional history of ghana represents the. Ghana s political history, one key feature of the 1992 constitution of the fourth republic has been a strong emphasis on human rights protection. The commission, which has a three year mandate, has three key roles. Pdf ghana, the country widely acknowledged as the contemporary leader in. It was approved on 28 april 1992 through a national referendum after 92%. The common law is defined to include the rules generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the superior court of judicature. 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. Below is the 1992 constitution of the republic of ghana, arranged by chapters. The evolution of the political question doctrine article pdf available march 2015 with 5,497 reads how we measure reads.
In 1992, in the first presidential balloting held in ghana since 1979, rawlingsrepresenting a new party, the national democratic congress ndcwas elected president. International organisation of supreme audit institutions intosai, is an international governmental standard setting and advisory body on auditing. A committee of constitutional experts was appointed to draft a new constitution for submission to this assembly. He was reelected to a second term in 1996 with almost threefifths of the vote. The chapter three 3 looked at the history of the institution. What are the sources of law in ghana 1992 constitution. Under article 932 of the constitution the legislative power of ghana is vested in parliament and is exercised in accordance with the constitution. 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. From december 1981 until november 1992 ghana was ruled by a provisional national defence council pndc. 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. 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.
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