Lecture Notes: Historical Evolution of Ghana's Constitution (Part 2)
Recap of Previous Lecture
Before colonial rule, present-day Ghana consisted of various kingdoms and choms with traditional governance structures.
Authority in these societies was often derived from ancestry or spiritual claims.
Introduction of British colonial rule impacted these governance structures.
British initially involved in trading, later established administration to manage trading communities.
British authority lacked legal basis, leading to the passage of necessary legislation to legitimize their authority beyond forts and castles.
The Bond of 1844: Agreement between British and Fante Chiefs to abolish certain traditional practices and use British adjudication methods for serious offenses.
Moving Forward: The 1925 Constitution
Known for addressing demands of the Aborigines' Rights Protection Society.
Increased involvement of Chiefs and municipalities in legislative and executive councils.
Adoption of elective principles for legislative council.
Introduction of provincial councils and incorporation of traditional authority into governance.
The Constitution of 1946 (Alan Burns Constitution)
Introduced representative government for The Colony and Asante.
Marked by African majority in the legislative council.
Abandoned official majority principle, giving more seats to Africans.
Africans gained majority seats on the standing finance committee.
Inclusion of Asante representatives in the legislative council.
Governor retained veto and reservation powers.
Recognized traditional authority through joint provincial council of chiefs.
Introduced provisions regarding public funds and taxation, requiring governor's approval.
Expanded native representation in the Executive Council.
The 1951 Constitution
Arising from disturbances and boycotts led by local leaders, prompting political change.
Formation of the CPP and positive action declaration.
Watson committee describes 1946 Constitution as inadequate, leading to reform.
Constitutional reform committee chaired by Sir Henley Coussey.
Proposed enlargement of legislative council and African majority in executive council.
Introduction of a bicameral legislature and modernization of local government.
The 1954 Constitution
Known as the Gold Coast Constitution Order in Council 1954.
Transition to full internal self-government.
Fully defined cabinet system and enlarged legislative assembly.
Chief Justice appointment and judicial reforms.
Governor retained veto and reservation powers.
Significant shift towards native governance.
Post-1954 Political Movements
Northern People's Party (NPP) focused on protecting northern territories' economic interests.
Togoland Congress Party resisted merger with independent Gold Coast.
National Liberation Movement (NLM) demanded larger share of cocoa revenue for Ashanti.
Muslim Association Party and other splinter groups emerged.
Opposition wanted council of state, federalism, and fundamental rights, largely rejected.
Upcoming Class
Discussion will continue with the Bonsu Constitution.
Reminder for upcoming quiz covering principles of the constitution up to Article 56.