Although ghanas 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. Shopping for someone else but not sure what to give them. The president of the republic of ghana is the elected head of state and head of government of ghana, as well as commanderinchief of the ghana armed forces. Constitutions can express the identity and values of a national. Articles of the convention incorporated into the ghana 1992 constitution and the laws of ghana are directly applicable in the courts.
Provisions for the freedom and independence of the media in ghana are clearly stated in chapter twelve, article 162 of the 1992 fourth republican constitution of ghana. Other provisions of the constitution outline possible reasons for the ineligibility. 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. Rather, the special constitutional scheme set up for amending the constitution clearly suggests an intention. This constitution is the supreme law of ghana which contains the fundamental human rights and freedoms which are to be respected and upheld by all government agencies. Article 2 aims and objectives the aims and objectives of the party are. Although ghanas 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. Article 358 of the 1992 constitution article 358 of the 1992 constitution forms part of the political objectives under the directive principles of state policy. Further provisions relating to family members of recognised refugees 1 a member of the family of a person granted refugee status in ghana shall subject to the provisions of this law be permitted to remain in ghana for as long as the refugee is. To participate in shaping the political will of the people by disseminating information on political ideas, social and economic programmes of the party.
National media commission of ghana nmc the 1992 constitution chapter 12 provides for the establishment of the national media commission nmc and specifies the nmc. The constitution of ghana 1992 states that 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. Until otherwise provided by law, the territories of ghana shall consist of those. One chief weakness observed is that the constitution makes the executive president too powerful without t. Article 11 of the 1992 constitution of ghana states. Subject to the provisions of this article, a person shall not be qualified to be a member of parliament unless a he is a citizen of ghana, has attained the age of twentyone years and is a registered voter. Clause one states explicitly that, freedom and independence of the media are hereby guaranteed. However, article 20 of the 1992 constitution of the republic of ghana underpins the authority of the. Resolved to uphold the constitution of the republic of ghana approved by the referendum held on the 28th of april, 1992. Ghana audit service paper on proposals for amendment of the 1992 constitutional provisions on the office of the auditorgeneral and the audit service. Notwithstanding any provision of the aliens act, 1953 act 160 but subject to the. Except as otherwise provided by this constitution or by any other law not inconsistent with this constitution, the. 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.
Governance, land rights and access to land in ghana. 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 chapters. Page 5 the appointment process also forms part of the executive structure of government. A member of the family of a person granted refugee status in ghana shall subject to the provisions of this law be permitted to remain in ghana for as long as the. The current president of ghana is nana akufoaddo, who won the 2016 presidential election against the incumbent, john dramani mahama, by a margin of 9. It has seen three amendments on 29th august, 1998, 2003 and 22nd august, 2009. Oct 25, 2016 the 1992 constitution has many good provisions. Constitutional supremacy and the 1992 constitution ghana as a country returned to constitutional rule with the promulgation of the 1992 fourth republican constitution. May 02, 2017 national media commission of ghana nmc the 1992 constitution chapter 12 provides for the establishment of the national media commission nmc and specifies the nmc. What safe democracy ghana is advocating for rather reinforces article 276. Transitional provisions first president first parliament the judiciary miscellaneous. 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.
Constitutions can express the identity and values of a national community. We reach this conclusion on the basis of a textual and structural analysis of relevant provisions of the ghana constitution, and also advance a set of policy. The document reflects the lessons drawn from the abrogated constitutions of 1957, 1960, 1969, and 1979, and it incorporates provisions and institutions drawn. The work of the committee of experts on the 1992 constitution. 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. Ghanas 1992 constitution is a hybrid arrangement that combines some features of both the us presidential and british westminster systems of government. Drawn up with the intent of preventing future coups, dictatorial government, and oneparty states, it is designed to foster tolerance and the concept of powersharing. Chapter 6 contains the directive principles of state policy which requires the state to redress any imbalances in development between rural and urban areas. The constitution of the republic of the republic of ghana 1992 1. The 1992 constitution contains the most explicit and comprehensive provisions in ghanas postcolonial constitutional history regarding the system of local government as a decentralized form of national administration. Refugee law, 1992 whereas the united nations convention relating to the status of refugees of 1951.
They include provisions for the approval by parliament of some. Under the 1992 constitution each of the three primary functions is vested in a distinct body. Notwithstanding clause 1 of this article and paragraph c of clause 3 of article 94 of. Ghana s 1992 constitution is a hybrid arrangement that combines some features of both the us presidential and british westminster systems of government. Ghanas legal system is thus founded on the 1992 constitution constitution. Regulatory framework of the media in ghana philipatawuras blog. Repealed by the ghana national fire service act, 1997 act 537, s. It declares ghana to be a unitary republic with sovereignty residing in the ghanaian people. Chairman of the committee of experts on the constitution. This constitution, is to a large extent, written, and has a cumbersome procedure for its amendment.
The constitution of ghana is the supreme law of the republic of ghana. The main stages in the evolution of the 1992 constitution. Under the constitution, there are three arms of government namely the executive, the legislative parliament and the judiciary. These provisions were inspired to a large extent by current law and by the practice of local government under the pndc. Peoples rights the african charter5 to name a few, ghana is bound by the express provisions of these instruments to protect and promote womens rights to property. The perception created is that the auditorgeneral who is responsible. The language changed in 1992 when article 1401 of the 1992 constitution provided that. Ghana the 1992 constitution flags, maps, economy, history. 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.
Governance, land rights and access to land in ghana a. The high court shall, subject to the provisions of this constitution, have jurisdiction in all matters and in particular, in civil and criminal matters. 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. Review of the 1992 constitution ghana urged to hasten slowly. As a result of internal and external pressures for a return to constitutional rule, the national commission for democracy ncd established by the provisional national defence council pndc carried out a series of public seminars and consultations. International organisation of supreme audit institutions intosai, is an international governmental standard setting and advisory body on auditing. Pdf constitutional hybridity and constitutionalism in ghana. The provisions of this part which relate to the issue of a certificate of. The 1992 constitution it declares ghana to be a unitary republic with sovereignty residing in the ghanaian people. Media freedom in ghana publish your masters thesis. Chieftaincy jurisdiction and the muddle of constitutional. Ghana provisions shop provisions for family and friends. Of the republic of ghana entitled the political parties act, 2000 an act to revise the statute on political parties to bring the provisions in conformity with the constitution and to provide for related matters.
Now therefore in pursuance of the provisional national defence council establishment proclamation, 1981, this law is hereby made. As a result of internal and external pressures for a return to constitutional rule, the national commission for democracy ncd established by the provisional national defence council pndc carried out a series of public seminars and consultations with. It was approved on 28 april 1992 through a national referendum after 92% support. 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. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on. What were the steps taken when drawing the 1992 constitution. Legislative power is vested in parliament article 93 2, executive power is vested in the president article 58 1 and judicial power is vested in the superior and inferior courts article 125 3. Give them the gift of choice with ghana provisions gift cards. Constitution of the republic of ghana amendment act, 1996. To ascertain from the good people of ghana their views on the operation of the 1992 constitution, in particular its strength and weakness.
Provisions on the establishment of the electoral commission. Comparing ghanas 1992 constitution to nigerias 1999 constitution, he said whereas nigeras constitution made explicit provision for what should be done in the event that a presidentelect died before he was sworn in, ghana had no such provision, thereby exposing the country to a constitutional crisis should such a situation arise. A referendum on a new constitution was held in ghana on 28 april 1992. An act to revise the statute on political parties to bring the provisions in conformity with the constitution and to provide for related matters. 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. Emphasis mine the constitutional provision at the heart of this discussion reads. It must be noted that the constitution asserts its supremacy over all institutions of the state and over all persons and all. Amend article 242 d 2431 of 1992 constitution news ghana.
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