Ghana Constitutional Law

The current 1992 constitution is available free of charge online (see also www.loc.gov/guide/ghana.html). (2) The election of the President shall be governed by universal adult suffrage and, subject to the provisions of this Constitution, in accordance with the provisions prescribed by constitutional decree of the Electoral Commission. (3) A person may be elected President of Ghana only if the number of votes cast in his favour in the presidential election exceeds fifty per cent of the total number of valid votes cast in the election. (Clause 63) Ghana`s 1957 constitution resembled Britain`s parliamentary democracy: where executive power was delegated to the Queen and the Governor-General as her representative; The Cabinet was composed of members of Parliament; and Parliament as the main legislature controlled by the Government of Ghana. [9] The 1957 constitution formed regional assemblies that guaranteed the creation of the chief`s office, the House of Chiefs for each region, and the Council of State to determine constitutional issues in the region. [10] The structure and power of the judiciary is independent of all other branches of government. The Supreme Court has broad powers of judicial review; It rules on the constitutionality of any legislative or executive measure at the request of an aggrieved citizen. The hierarchy of courts is largely derived from British legal forms. The hierarchy, known as the High Court of Justice, consists of the Supreme Court of Ghana, the Court of Appeal (Court of Appeal), the Supreme Court, regional courts and such lower courts or tribunals as Parliament may establish. The courts have jurisdiction over all civil and criminal cases.

[35]. 1. Subject to paragraph 2 of this article, the State shall take measures to promote the integration of reasonable customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions into relevant aspects of national planning. (2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of society as a whole; and, in particular, the abolition of traditional practices detrimental to human health and well-being. (Clause 39) Legislative functions are vested in the national parliament, which consists of a unicameral body of 200 members and the president. To become law, laws must have the approval of the president, who has qualified veto power over all bills except those accompanied by an emergency vote. Members of Parliament are elected by universal adult suffrage for a term of four years, except in time of war, when the term may not be extended by more than twelve months beyond the four-year term. [35]. (5) The rights, obligations, declarations and guarantees relating to fundamental human rights and freedoms expressly referred to in this Chapter shall not be construed as excluding other persons not expressly mentioned who are considered inherent in democracy and who are intended to guarantee human freedom and dignity (Article 33).

5. The State shall actively promote the integration of Ghanaian peoples and prohibit discrimination and prejudice based on place of origin, circumstances of birth, ethnic origin, sex or religion, belief or other beliefs. 6. In order to achieve the objectives referred to in paragraph 5, the State shall take appropriate measures to: (b) achieve an appropriate regional and gender balance in the recruitment and allocation of public functions; (art. 35). The tasks of the electoral commission are: (a) to draw up the voters` list and verify it within the time limits established by law; (b) Defining electoral boundaries for national and local elections; (c) To organize and supervise all public elections and referendums; (d) To inform the population about the electoral process and its purpose; (e) Implementation of programmes to expand voter registration; and (f) to perform other functions required by law. (art. 45). Article 11 states that Ghanaian law includes the Constitution, legislation, subsidiary or subordinate legislation, laws existing prior to the 1992 Constitution and, finally, common law. [18] This article defines where Ghanaian law originates from and where it is made in a broader sense. Article 11 sets out the contribution of each Government to legislation and justice. [19].

(1) Everyone has the right to.. (e) freedom of association, which includes the freedom to form or join trade unions or other national and international associations for the protection of their interests; (3) All citizens have the right and freedom to form or join political parties and to participate in political activities, subject to the conditions required in a free and democratic society and compatible with this Constitution. (Art. 21). The 1992 Constitution, like previous constitutions, guarantees the establishment of chieftaincy with its traditional councils as established by customary law and custom. The National House of Chiefs, without executive or legislative power, advises on all matters concerning chieftaincy and customary law in the country. [35] (1) The State shall provide educational institutions at all levels and in all regions of Ghana and shall make such facilities available to all citizens to the fullest extent possible. (2) Within two years of the first session of Parliament following the coming into force of this Constitution, the Government shall draw up a programme of implementation within the following ten years for the provision of free, compulsory and general basic education.

3. The State shall ensure, subject to the availability of resources: (a) equal and equitable access to secondary education and other appropriate pre-university education programmes, equal access to university education or equivalent, focusing on science and technology; (b) A free adult literacy programme and free vocational training, rehabilitation and resettlement for persons with disabilities; and (c) continuing education. (Clause 38) Decree of the Revolutionary Council of the Armed Forces of the A.F.R.C.D. (1) The right to form political parties is guaranteed. (2) Every Ghanaian citizen of voting age shall have the right to join a political party. (10) Subject to the provisions of this Constitution, every citizen of voting age shall have the right to participate in political activities aimed at influencing the composition and policies of the Government. (Art. (55) (1) A spouse shall not be deprived of an appropriate disposition of his or her estate, whether or not he or she died after making a will. (2) Parliament shall, as soon as possible after the entry into force of this Constitution, pass laws regulating the property rights of spouses.

3. With a view to the full realization of the rights referred to in paragraph 2 of this article: (a) the spouses shall have equal access to property acquired jointly during the marriage; (b) property acquired jointly during the marriage is divided equitably between the spouses at the time of dissolution of the marriage. (art. 22). (7) The State guarantees ownership of property and the right of succession. (8) The State recognizes that the ownership and possession of land entails a social obligation to serve the community as a whole and, in particular, recognizes that managers of public lands, pulpits, skins and family lands are administrators who are required to perform their duties in the interest of the Ghanaian people. of the affected president, skin or family and are responsible in this respect as trustees. (art.

36).