1992 Constitution of Ghana

1992 Constitution of Ghana
Name	1992 Constitution of Ghana
Caption	The Flag of Ghana.
Jurisdiction	Republic of Ghana
Date created	1992
Date ratified	28 April 1992
Date effective	7 January 1993
System	Unitary Presidential Republic
Branches	Three (Executive, Legislative, Judiciary)
Chambers	Parliament (Speaker)
Executive	President (Cabinet)
Judiciary	Judiciary of Ghana (Supreme Court)
Federalism	Unitary
Location of document	Accra
Commission	Committee of Experts
Signatories	Jerry John Rawlings
Supersedes	1979 Constitution of Ghana

1992 Constitution of Ghana is the supreme law of the Republic of Ghana, establishing the Fourth Republic of Ghana and marking the nation's definitive return to multi-party democracy after a period of military rule. It was approved in a national referendum on 28 April 1992 and came into force on 7 January 1993, inaugurating the presidency of Jerry John Rawlings. The document enshrines a unitary presidential system of government, a comprehensive Bill of Rights, and independent institutions like the Commission on Human Rights and Administrative Justice.

Background and historical context

The constitution emerged from a turbulent period following the overthrow of the PNDC government, a military regime led by Jerry John Rawlings that had ruled since the 1981 coup. This period was preceded by the Third Republic of Ghana, which operated under the 1979 Constitution of Ghana but was short-lived. Growing internal pressure from groups like the Ghana Bar Association and external influences advocating for democratic reforms across Africa, similar to transitions in Namibia and Benin, created a compelling need for a new legal framework. The desire to end cycles of military intervention, exemplified by earlier coups like the 1966 Ghanaian coup d'état, and to establish a stable, enduring democratic system was the primary impetus for its creation.

Drafting and adoption process

The drafting was initiated by the PNDC government, which appointed a Committee of Experts, chaired by Samuel K. B. Asante, to produce a preliminary draft. This draft was then presented to a Consultative Assembly composed of representatives from various sectors, including District Assemblies, professional bodies, and traditional leaders like the Asantehene. After debates and revisions in the Consultative Assembly, the final draft was submitted to a national plebiscite. The 1992 Ghanaian constitutional referendum recorded an overwhelming vote in favor, allowing the Electoral Commission of Ghana to formally promulgate it. The process was observed by international bodies such as the Commonwealth of Nations.

Structure and key provisions

The constitution is a lengthy document comprising 26 chapters and 299 articles. It vests sovereignty in the people of Ghana and declares the nation a unitary republic. Key structural provisions establish the President of Ghana as both Head of state and Head of government, a unicameral Parliament, and an independent Judiciary of Ghana headed by the Supreme Court of Ghana. It also creates several independent governance institutions, including the National Commission for Civic Education, the National Media Commission, and the Auditor-General's department, designed to ensure accountability and transparency.

Fundamental Human Rights and Freedoms

Chapter Five provides an extensive catalogue of fundamental human rights and freedoms, enforceable by the courts. It guarantees the right to life, personal liberty, equality before the law, and freedom of speech and expression. It also protects economic and social rights, such as the right to education and to work. These rights can be restricted only as is reasonably necessary in a democratic society. The Commission on Human Rights and Administrative Justice is established as a key body to investigate violations and promote human rights awareness.

System of government and separation of powers

The constitution establishes a strict separation among the three arms of government. The Executive power is vested in the President of Ghana, who appoints a Cabinet subject to Parliamentary approval. The Legislative power resides with Parliament, which includes the Speaker. The Judicial power is vested in the Judiciary of Ghana, with the Supreme Court having exclusive original jurisdiction in all matters relating to the enforcement or interpretation of the constitution. This system includes checks like Parliamentary oversight of executive spending by the Public Accounts Committee of Ghana.

Amendments and review process

The constitution provides a rigid amendment process, requiring broad consensus. Most amendments require approval by at least two-thirds of all members of Parliament in two separate readings, followed by a referendum where at least 40% of registered voters participate and 75% vote in favor. Certain entrenched provisions, like those relating to fundamental rights and the duration of presidential terms, have this heightened protection. There have been calls for a comprehensive review, leading to initiatives like the Constitutional Review Commission of Ghana established under President John Atta Mills, but few major amendments have been passed to date.

Impact and legacy

The 1992 Constitution has provided the longest period of stable constitutional rule in Ghana's history, overseeing multiple peaceful transfers of power between rival parties like the National Democratic Congress and the New Patriotic Party. It has strengthened institutions such as the Electoral Commission of Ghana and the Judiciary of Ghana, which have played critical roles in resolving electoral disputes, notably after the 2012 and 2020 polls. Its Bill of Rights has empowered citizens and civil society organizations, while its framework is often cited as a model of democratic governance in West Africa. The constitution remains the bedrock of the Fourth Republic of Ghana.

Ghana Category:Ghanaian law Category:1992 in Ghana Category:1992 documents