Dealing with indemnity clauses in the 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. I begin with a consideration of the introduction of colonial law in ghana, and its impact on the preexisting customary law system. Article 2 territory the territory of this church shall be the territory of ghana as defined by the 1992 constitution of ghana, and any other place outside ghana where the church may establish a branch as permitted by law. Section 34 of the transitional provisions of the 1992 constitution indemnifies all coup makers and their. Constitutional entrenchment of decentralization in africa. The debate over the question whether or not parliament is entitled under article 290 of the constitution to play an active role in the process of amending an entrenched provision ep continues. These two principles of limiting governmental powers are not mutually exclusive. One chief weakness observed is that the constitution makes the executive president too powerful without t. Amend article 242 d 2431 of 1992 constitution news ghana. Apr 21, 2010 does ghana, west africa have such a law as 1992 constitution article 754, cross 1285.
The constitution of ghana is the supreme law of the republic of ghana. He said with over 6,000 proposals received, it was within reach of the threshold where a referendum might be required. Nov 26, 2014 unlike many of its contemporariesegypt, kenya, libya, nepal, tunisia, zimbabwe or zambiawhere conflict, political crises or years of entrenched political and economic misgovernance has driven constitutional reform, ghanas late president john atta mills initiated the countrys constitutional process with the objective of consolidating. Compulsory land acquisition in ghanapolicy and praxis. Article 201 provides that no property of any description, or interest in or right over any property shall be compulsorily taken. They include provisions for the approval by parliament of some appointments. Browse and navigate ghana constitution in easy, natural real.
Constitution of the republic of ghana 1992, as amended to 1996. Regions of ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens. 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. Any law, already existing or made thereafter that is inconsistent with the provisions of the constitution is void and of no legal effect. Get the knowledge you need in order to pass your classes and more. 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. I call a bond, refundable at the gate here in the us when she lands. There were 8,255,690 registered voters for the referendum.
The 1992 constitution and the laws of the african union. 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 is this 1992 constitution, article 754, cross 1285. Article 2 aims and objectives the aims and objectives of the party are. Does ghana, west africa have such a law as 1992 constitution.
Ag ghana constitution pages 1 50 text version fliphtml5. Sep 18, 2018 the constitution of the republic of the republic of ghana 1992 1. The constitution of the rebuplic of ghana 1992 the directive principles of state policy 34 1 the directive principles of state policy contained in this chapter shall guide all citizens, parliament, the president, the judiciary, the council of state, the cabinet. The basic policy for compulsory acquisition is provided by the 1992 constitution government of ghana, 1992. Come browse our large digital warehouse of free sample essays. Article pdf available in african journal of international and comparative law 182 may 2010 with 1,755 reads. The public services commission psc is the central management agency cma responsible for providing strategic policy guidance for human resource management in the public service organizations listed under article 190 1 of the 1992 constitution.
An entrenched clause or entrenchment clause of a basic law or constitution is a provision that makes certain amendments either more difficult or impossible to. Amending the entrenched provisions of the 1992 constitution. Entrenched and nonentrenched provisions and procedures for amendment. In some african countries, including ghana in 1969, 1979, and 1992, where the principle of. 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. Pdf ghana, the country widely acknowledged as the contemporary. Below is the 1992 constitution of the republic of ghana, arranged by chapters. In the present discussion i examine the sources of law in ghana. The african ejournals project has digitized full text of.
Article 1 under chapter one of the constitution provides. In the united states of america usa, for example, they operate side by side and reinforce each other. 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 main issues were the reintroduction of multiparty politics and the division of powers between the president and parliament. Review of 16 years of the operation of the 1992 constitution of. Make devt agenda an entrenched clause in constitution. Constitution of ghana wikisource, the free online library. And if so what is it for and answered by a verified immigration lawyer we use cookies to give you the best possible experience on our website.
The constitution of the republic of the republic of ghana 1992 1. Appointment, retirement and removal of justices of superior courts and chairmen and other members of regional tribunals. The aftermath of asante or sagrenti war of 1874 which led to the landmark introduction of the gold coast constitution of 1874 and the annexation of the asante kingdom to become a british protectorate in 1885, can hardly be overlooked by history enthusiasts and constitutional lawyers. 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. Browse and navigate ghana constitution in easy, natural real time and advanced. Notwithstanding clause 1 of this article and paragraph c of clause 3 of article 94 of. When political scientists and other knowledgeable ghanaians pray for the retention of the indemnity clauses in the 1992 constitution, it has a lot more to do with a matter of letting sleeping dogs. Constitution of the republic of ghana amendment act, 1996. Constitution online constitute project organization pdf of constitution as. This constitution shall be the supreme law of ghana and any other law found to be inconsistent with.
The debate over the question whether or not parliament is entitled under article 290 of the constitution to play an active role in the process of amending an entrenched. Decentralised forms of government 2011, international idea at 1 and 44. To participate in shaping the political will of the people by disseminating information on political ideas, social and economic programmes of the party. What safe democracy ghana is advocating for rather reinforces article 276. Amendments to non entrenched clauses required passage by a twothirds majority of parliament. The chapter on the directive principles is nonentrenched. 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. A referendum on a new constitution was held in ghana on 28 april 1992. It was approved on 28 april 1992 through a national referendum after 92% support. The highlights of the report are proposed amendments to 34 entrenched clauses and the addition of seven new entrenched clauses. Article 9 of the constitution is amended by the repeal of clause 5 thereof and the. Iarticle 277 of the 1992 constitution of ghana defines a chief as a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with the relevant customary law and usage. Particularly since the return of the country to constitutional rule in 1992, ghana has signed and.
What were the steps taken when drawing the 1992 constitution. Mar 24, 2012 what is this 1992 constitution, article 754, cross 1285. The commission submitted its report on december 20, 2011. Ammendments of the constitution the judicial service of ghana. 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. Now therefore in pursuance of the provisional national defence council establishment proclamation, 1981, this law is hereby made. This complete constitution has been generated from excerpts of texts from the repository of the comparative constitutions project, and distributed on.
Iarticle 277 of the 1992 constitution of ghana defines a chief as a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queen mother in accordance with. Land for public use must therefore be accessed either through negotiation or compulsory acquisition. Amendments to nonentrenched clauses required passage by a twothirds majority of parliament. A highly accessible, easy to use app version of the constitution of ghana the supreme law of the republic of ghana.
In ghana, these requirements have been put in place by the 1992 constitution. The current 1992 constitution is available free of charge online see also here. 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. Does ghana, west africa have such a law as 1992 constitution article 754, cross 1285.
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