Article 11 of the 1992 constitution of ghana pdf

Leasehold a leaseholdlease is an interest in land that has a speci. Constitution of the third repubuc of ghana promulgation decree, 1979 2 the said constitution shall have the force of jaw. Mar 24, 2012 what is this 1992 constitution, article 754, cross 1285. A referendum on a new constitution was held in ghana on 28 april 1992. 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. What is this 1992 constitution, article 754, cross 1285. Article 19 the right to strike shall be guaranteed. There is only one parliament, which exercises all primary legislative functions. Telecommunications in ghana include radio, television, fixed and mobile telephones, and the internetintended for a.

One chief weakness observed is that the constitution makes the executive president too powerful without t. Lets go straight to the supreme law of the land of ghana. The constitution shall come into force oll the 24th day of ment constitutionor. Even if this decision itself is correct, it is nevertheless premised on highly questionable legal propositions and dicta. In ghana, these requirements have been put in place by the 1992 constitution. The constitution outlines not only how the various individuals and public bodies. The 1992 constitution of the republic of ghana weve built this app because we believe in the power of free people to better themselves and achieve change.

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. These 1 article 11 of the 1992 constitution of ghana. The attorney general, has unanimously decided that, even under the 1992 constitution, high court and the court of appeal have no jurisdiction in chieftaincy matters. The supreme court of ghana, in the ghana bar association v. 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. Government further endorses the recommendation that other public service institutions cannot opt out of the sspp. 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. Duty to obey the constitution article 7 restrictions on political parties the political parties and groups of political parties must respect the. What are the sources of law in ghana 1992 constitution.

The committee of experts was established by pndc law 252 1991, with the following remit. The chief justice of ghana is the highestranking judge of the supreme court of ghana. Below is the 1992 constitution of the republic of ghana. It was approved on 28 april 1992 through a national referendum after 92% support. 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. The constitution of the republic of ghana in the name of the almighty god we the people of ghana. Section 5offences and penalties 1 a person who contravenes section 4 commits an offence and is liable on summary. In article 94 of ghanas 1992 constitution and articles 3, 11 and 17 of the npps constitution 2009. Jan 17, 2018 the mandate and work of the committee of experts on the constitution. Chieftaincy jurisdication and the muddle of constitutional. 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. In the name of the almighty god we the people of ghana presupposing that all ghanaians believe in god, i do but do. Holidays act 2001 act 601 section 1public holidays a day specified in the schedule is hereby declared a public holiday throughout the republic. In article 2, the constitution of ghanas new patriotic party npp outlines party.

Article 11 2 of the 1992 constitution identifies the common law as a source of law in ghana. Ghana constitution 1960 preliminary note by francis bennion the following is the text of the 1960 ghana constitution, the first constitution of the country after it became an independent republic by virtue of the ghana independence act 1957. What safe democracy ghana is advocating for rather reinforces article 276. Ag ghana constitution pages 1 50 text version fliphtml5.

In the present discussion i examine the sources of law in ghana. S ep t em b 1er, 979 printing of constitution, constituent assembly dissolved. The npp set out clear rules in the run up to the primaries. The structure of the ghanaian state is set out in the 1992 constitution.

The constitution acts of parliament subsidiary legislation existing laws all laws existing prior to 1992 constitution common law of ghana i. I call a bond, refundable at the gate here in the us when she lands. The syndicates exercise their activities without interference and without limits except those preordained by law. Article 11 3 of the 1992 constitution defines customary law as the rules of law which by custom are applicable to particular communities. Regions of ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens. Ghana approved the new constitution in an election held on the. Ghanas constitution of 1992 with amendments through 1996. Sources of law in ghana victor essien fordham university in january 1993, ghana s fourth republic was inaugurated after a 12year military interregnum. Article 23 every citizen shall work for the common good. It must be noted that the constitution asserts its supremacy over all institutions of the state and over all persons and all.

The fourth republic was ushered in by a new constitution promulgated in october, 1992, yet another signal to the resumption of legal normalcy. 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. The structure of the ghanaian state the structure of the ghanaian state is set out in the 1992 constitution. 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. The policy document takes its source from national legal documents including the 1992 constitution of the republic of ghana. What are the sources of law in ghana 1992 constitution discuss. African laws and constitutions online centre for human rights, university of pretoria, south africa doc. Notwithstanding clause 1 of this article and paragraph c of clause 3 of article 94 of. Article 11 of the 1992 constitution states that the laws of ghana shall comprise. According to gadzekpo 2008, communication policy in ghana today is, therefore, guided by article 12 of the constitution which stipulates the freedom of the media, and which seeks to insulate the stateowned media from governmental interference. Methodist church ghana constitutional pdf download by.

The main issues were the reintroduction of multiparty politics and the division of powers between the president and parliament. The commission shall keep proper books of account and proper records in relation. Nkrumah saw independent ghana as a spearhead for the liberation of the rest of africa from colonial rule and the establishment of a socialist african unity under his leadership. Below is the 1992 constitution of the republic of ghana, arranged by chapters. 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. I begin with a consideration of the introduction of colonial law in ghana, and its impact on the preexisting customary law system.

Historical overview of the ghanaian legislature the parliament of ghana is organised into a unicameral legislature. Customary law is now a question of law to be determined by the courts. Undoubtedly, the umbilical linkages between environment and socioeconomic development are. The work of the committee of experts on the 1992 constitution. Some of the features of the 1992 constitution of the republic of ghana are who has the right to vote. Principles of state policy article 369 of the 1992 constitution of the republic of ghana further puts legislative powers behind our determination to pursue sustainable and equitable economic growth. Ghana quiz questions and answers general knowledge quizzes. The 1992 constitution classifies subsidiary legislation as part of the laws of ghana. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1. It is important to note that the 1992 constitution by article 267 5 forbids the creation of freehold interests in stool land in ghana. Article 11 7 of the constitution provides further that any order, rule or regulation made by a person or authority under a power conferred by the constitution or any other law, shall be laid before parliament, published in the gazette and comes into force. The constitution of ghana is the supreme law of the republic of ghana. The political struggles that preceded this historic event date back over a hundred years.

Ghana s constitution of 1992 with amendments through 1996. Constitutional supremacy and the 1992 constitution ghana as a country returned to constitutional rule with the promulgation of the 1992 fourth republican constitution. There were 8,255,690 registered voters for the referendum. The preamble to the 1992 constitution of ghana starts with the following words. In order of state precedence, the chief justice is the fourth highest official in ghana. Methodist church ghana constitutional pdf download. This constitution, is to a large extent, written, and has a cumbersome procedure for its amendment. I focus on the parliamentary functions of law making and oversight.

Whereas the organisation of african unity convention governing the specific. After the founding of a republic in 1960, the state became identified with a single political party the cpp, with nkrumah, as life president of both, taking ever more power for himself. Download ghana constitution 1992 pdf bcfaf6891f ghana elects on national level a head of state, the president, and a legislature. Functions of regional and district representative of commission. This is a reference to the english doctrines of equity as they have evolved in england and ghana. Amend article 242 d 2431 of 1992 constitution news ghana. What were the steps taken when drawing the 1992 constitution. Normes consulted on 2011 11 18 constitution online constitute project organization pdf of constitution as amended to 1996 doc.

Article 11 everything not prohibited by law shall not be hindered and no one shall be forced to do that which it. 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. The chief justice is also the head of the judiciary of ghana and is responsible for its administration and supervision. To make recommendations to the government for consideration and provide a draft bill for possible amendment to the 1992 constitution. One of the important characteristics of the constitution of the republic of ghana, 1992, is the prominence it gives to the constitutional protection of the rights of men, women and children who live for a larger part of their lives as families. Constitution of ghana wikisource, the free online library. Togos constitution of 1992 with amendments through 2007.