Constitutional Law: Evolution of Ghana's Constitution

Introduction

Focus on the evolution of Ghana's constitution and governance.
Understanding historical development is crucial for current constitutional arrangements.

Pre-Independence Constitutional Developments

Discussion of 1948 disturbances leading to various commissions and constitutional arrangements.
Emergence of political parties: UGCC and CPP.
Unique negotiated constitution resulting in the Independence Constitution of 1957.

Independence Constitution of 1957

Provided Ghana full responsible status within the British Commonwealth.
Maintained existing laws pre-independence and created a legislature.
Ghana's executive authority was vested in the monarch, represented by the Governor-General.
Cabinet responsible for government business, with a Prime Minister.
Judiciary and legal arrangements dating back to the 1876 Supreme Court ordinance.
Supreme Court of Ghana established but not the final appellate court (Privy Council held that role).

1960 Constitution

Attempt to sever ties with colonial power, creating a fully independent republic.
Shift from parliamentary to presidential system (American model).
First president elected through a referendum.
President held significant executive authority.
Introduced measures to make Ghana a one-party state.
Established discretionary presidential power and expenditure controls.

1969 Constitution (Second Republic)

Returned to a parliamentary system post-military rule.
Constitution created by an 18-member commission.
Parliamentary system with checks and balances on presidential power.
Judicial review powers of the Supreme Court emphasized.
Establishment of various independent bodies (e.g., Ombudsman).
Measures to prevent a one-party state and cross-carpeting in parliament.
Elaborate provisions on fundamental human rights and amendment procedures.

1979 Constitution (Third Republic)

Reversion to a presidential system with separation of powers.
President directly elected and assisted by a vice president.
Introduction of Council of State and enforceable socioeconomic rights.
Creation of independent bodies like the Electoral Commission and provisions on media.
Rigid amendment procedures to prevent easy changes to the Constitution.

Transitional Provisions and Challenges

Discussion of provisions for seamless transition post-military rule.
Indemnity clauses for military regimes.
Importance of transitional provisions in new constitutions.

Discussion Points

Pros and cons of ministers being selected from parliament.
The role and impact of directive principles of state policy.
Importance of maintaining democratic checks and balances.

This summary provides an overview of the key developments in Ghana's constitutional evolution, focusing on the transition from colonial rule to an independent republic, changes in governance systems, and the establishment of various constitutional safeguards and institutions.

Evolution of Ghana's Constitutional Law