Political system of Ghana

from Wikipedia, the free encyclopedia
Independence Arch on Independence Square
The Black Star Arch in Accra photographed from Independence Square. Background: Accra football stadium

The policy in Ghana is closely connected with the history of Ghana , the history of the slave trade , the existence as a colony of the United Kingdom and the struggle for independence. In the past, politics in Ghana was almost exclusively determined by others. In 1957 Ghana gained independence. The political situation in Ghana has not always been stable in recent decades. Military coups replaced democratic governments.

The change of power in Ghana in December 2000 marked the transition from the government of President Jerry Rawlings to John Agyekum Kufuor is considered a democratic milestone in the country's history. Few had expected a democratic change of power. Since then, the political situation in Ghana has been considered stable. Current politics is still shaped by the explosive economic situation of a developing country with rich raw material reserves and economic dependency despite political independence.

In the   2019 Democracy Index of the British magazine  The Economist,  Ghana ranks 55th out of 167 countries and is therefore considered an "incomplete democracy". In the country report  Freedom in the World  2017 by the US  non-governmental organization  Freedom House  , the country's political system is rated as “free”. This makes the country one of the freest in Africa.

Constitution

The 1992 constitution of the fourth republic of Ghana is committed to general human rights and fundamental freedoms (Section 5). Section 1 regulates the entry into force of the constitution and its defense against internal and external attacks. Section 2 regulates the territory and scope of the constitution. The citizenship is regulated in the Constitution (section 3). Ghana's legal system is based on the Common Law System. The customary law of the individual ethnic groups living in Ghana is granted a right of continuance (Section 4). There is an entire section devoted to the management principles (section 6). Section 7 of the Constitution deals with the representation of the people. Among other things, the right to vote is standardized here and the establishment of an election commission is determined. The right to establish national political parties is regulated in section 7 of the constitution as the basis for the direct election of the president and parliament as an important democratic element. Section 8 comprises the executive branch of Ghana and thus the election and tasks of the president, international relations, the cabinet, the national security council and the national planning and development commission. The constitution standardizes the council of the state as an advisory body from all parts of politics and the regions of the country (Section 9). The regulations on the legislature include the composition and election of the parliament , and the work flow in parliament as well as the privileges and regulations on immunity (Section 10). The judiciary in general, the constitutional court, as well as the tasks of the appellate court, the highest court and the regional tribunals are regulated by the constitution (section 11). The independence of the media is given constitutional status (Section 12). The financial constitution is regulated in section 13 of the constitution. Section 14 regulates military service and other civil services. The regulations regarding the police, service in prisons and the establishment of the military in Ghana are regulated in Sections 15, 16 and 17. Section 18 regulates the Commission on Human Rights and Administrative Justice, Section 19 comprises the regulations of the National Commission on Education. Section 20 contains regulations on regional governments and the districts in Ghana, in general the regulations on decentralization and regional governments. Section 22 contains the regulations on publicly owned land and resources. Section 22 contains 8 paragraphs dealing with the institution of tribal chiefs (chieftaincy). The rights and work of the Commissions of Inquiry are regulated in Section 24.

The Code of Conduct of Civil Servants is contained in Section 24 of the Constitution. Sections 25 and 26 contain marginal and additional regulations.

Political system

Ghana is a presidential republic in which both the parliament and the president are directly elected by the people. The electoral term lasts four years, the president is only entitled to hold two terms of office. In what is now the fourth republic, the president is head of state, head of government and supreme commander. He enjoys immunity during his tenure and is bound by the constitution . In addition to the ministers, the members of the State Council also serve to advise him.

Electoral system

The elections in Ghana to the parliament and the president are general, equal, free and secret and are exercised directly by the people.

The president must collect more than 50 percent of the votes cast. If no one succeeds in gaining the required majority in the first ballot with several candidates, a second ballot takes place after 21 days, in which the two candidates with the best results from the first ballot in a runoff ballot. The President must be at least 40 years old and have Ghanaian citizenship from birth.

The country is divided into as many constituencies as there are to be seats in parliament. 230 seats are currently available for this. The elections are based on pure majority voting, i.e. the candidate who has a simple majority of the votes cast in his constituency, in which he must also be resident, is considered to be elected. This has led to the rule of a dominant two-party system in Ghana. The New Patriotic Party and the National Democratic Congress are currently the two dominant parties. Other parties are allowed and registered. So far, some seats in Parliament have always been taken by other parties.

The elections to parliament are reviewable by the Supreme Court , the constitutional court, after a citizen of Ghana has submitted a petition to the Supreme Court within 21 days of the publication of the election results.

Role of the President in Ghana

The president of the state also exercises government affairs in personal union and is the commander in chief of the armed forces . This gives him a very strong position of power, which is initially only controlled by parliament, which essentially has legislative competence. The constitution regulates the possibility of removing the president from office if he is charged with serious misconduct. This is the case, for example, if it can be proven to him that he has deliberately violated the constitution, e.g. B. enriched himself in the exercise of his office or the security or function of the economy endangered by his behavior or physically or mentally no longer able to conduct official business.

Two thirds of the members of parliament must sign the certificate of impeachment. The Speaker of Parliament then has to inform the Chief Justice (Supreme Judge) and give a copy to the President. A commission of inquiry should then examine the allegations.

Many key positions in the country are appointed by the president, and the salaries of members of parliament are awarded by the president according to the principles of sound economy. The members of the electoral commission are also among the key positions. Parliament determines the president's salary.

The President executes the treaties, agreements and laws that have come into effect for the country.

The President is supported by the Vice-President and replaced by him as soon as he is abroad, has been removed from office or is no longer able to exercise his office due to physical or mental circumstances. The President appoints the Vice-Presidents.

executive

In Ghana , the president is also the head of the government. The government exercises executive power as a whole. The role of the ministers is regulated as support for the president in the general administration of official business. The majority of the ministers are to be appointed by the president from members of parliament. However, it is also possible to fill the cabinet with non-members of parliament, who in principle must have the theoretically passive right to vote.

The executive is supported by the National Security Council. In addition to the President and the Vice-President, this consists of the heads of the various security organizations such as the secret services or the Minister of Defense .

One of the ministers is appointed Attorney-General. He is the government's first legal advisor and a member of the Judicial Council. The Attorney-General has the right to participate in every legal proceeding in the country. He investigates legal matters assigned to him by the President and oversees all charges arising from criminal proceedings.

The Cabinet must of the Constitution, according to a maximum of 19 ministers. However, the President is in principle entitled to appoint as many ministers as he deems necessary for the management of official business. Ministers who are not members of the cabinet are therefore also appointed regularly.

government

legislative branch

Legislative power is exercised through parliament. However, the president has the right to veto the legislation. There are currently 230 seats in parliament.

Votes in parliament are considered successful if at least half of the members of parliament are present and the majority of members present are in favor of what is to be voted on. Laws must be signed by the President after the vote in parliament. Laws affecting the establishment of chiefs in Ghana can only be enacted with the cooperation of the National House of Chiefs . The parliament has no legislative competence if a judicial decision is to be amended or suspended by law. The President has the right to propose legislation.

Judiciary

In Ghana, according to the constitution, judicial power derives directly from the people. The judgments are made in the name of the republic, not in the name of the people. The judiciary in Ghana is independent of the executive and legislative branches. Neither the President nor the Parliament can intervene in the decisions of the courts. The legal system in Ghana is based on the common law system brought to Ghana by the former colonial power United Kingdom .

The Chief Justice is the head of the legal system according to the constitution. He is responsible for regulating the administration and monitoring the legal system. The judiciary has sole jurisdiction in all areas of law, from civil law, criminal law to the monitoring of compliance with the constitution by the other organs of the separation of powers.

The supreme jurisdiction is divided among

Parliament can establish local jurisdiction by law. The Chief Justice plays an important role in the legal system. He is appointed by the President with the participation of Parliament. Chief Justice is currently Georgina Theodora Wood .

Supreme Court

The Supreme Court has acquired great review powers since the 1992 Constitution. In principle, the Chief Justice is a judge at the Supreme Court. According to the constitution, at least nine other judges are part of the Supreme Court. Currently the Supreme Court has one more judge than the constitution requires, so there are ten more in addition to the chief judge Judges part of the constitutional court.

In addition to the elections for the presidency, which take place every four years, the Supreme Court is the last revision instance to review the judgments passed in the other instances. The main task is to review matters relating to the effectiveness or compatibility of laws or other state actions with the constitution.

A Supreme Court judge can only be appointed if, in addition to his / her aptitude, he has at least 15 years of experience as a lawyer. The President appoints the judges of the Supreme Court.

Court of Appeal

The Court of Appeal reviews all judgments and decisions of every jurisdiction and decrees of the High Court. Again, the Chief Justice is judge of the Court of Appeal by virtue of his position. No fewer than 10 judges should serve on the Court of Appeal. For the purpose of supporting the Court of Appeal, the Chief Justice may appoint other judges from the supreme jurisdiction to act as judges to the Court of Appeal for a certain period of time. According to the constitution, the most senior judges should preferably be appointed to the Court of Appeal. The tasks of a chamber of the Court of Appeal can also be assigned to a single judge.

A judge at the Court of Appeal can only be appointed if, in addition to the character requirements, he has also worked as a lawyer for at least 12 years. The judges of the Court of Appeal are appointed by the President on the proposal of the Judicial Council .

High court

Again, the Chief Justice is appointed as a judge in the High Court as well as no fewer than 20 other judges, as well as other judges who can be appointed by the Chief Justice from the highest jurisdiction to the High Court for the purpose of supporting the judges already appointed. The High Court speaks law in all matters of civil law and criminal law and usually sits through a single judge. Some sessions are also supplemented by a jury or by the participation of assessors. To the extent that the High Court is appointed to judge military law matters, the High Court consists of three judges.

A judge at the High Court can only be called if someone is not only of a suitable character but also has at least 10 years of experience as a lawyer. The judges of the High Court are appointed by the President on the proposal of the Judicial Council.

Regional tribunals

A supreme regional court is to be set up in each of the regions in Ghana. In addition to the Chief Justice, the regional courts of justice consist of a chairman and judges who are admitted to the bar and who have been appointed as judges by the Chief Justice. The term of office must be determined in writing by the Chief Justice before taking office. The presidents of the Regional Tribunals are appointed by the President on the proposal of the Judicial Council. The other judges of the Regional Tribunal are appointed on the proposal of the Judicial Council with the assistance of the regional coordination council of the respective region.

Judicial Council

The Constitution requires the establishment of a Judicial Council to review the effectiveness of the judiciary, report to the government, and administer and guide reforms. The Legal Council should also offer a platform to discuss all matters relating to the judiciary. The Legal Council also serves to support the Chief Justice in carrying out his duties so that an effective administration of justice is possible.

The following persons are members of the Legal Council:

  • the Chief Justice presides
  • the Attorney General , a government minister who has provided legal advice to the government
  • a Supreme Court judge elected by the judges of the Supreme Court
  • a judge of the Court of Appeal elected by the judges of the Court of Appeal
  • a High Court Judge elected by the High Court Judges
  • two representatives of the Ghana Bar Association, at least one of whom must have at least 12 years of professional experience as a lawyer
  • a representative of the Presidents of the Regional Tribunals appointed by the Presidents
  • a representative of the local courts and tribunals
  • the presiding judge of the military justice system
  • the Chairman of the Legal Department of the Police Forces
  • the editor of the Ghana Law Report
  • a representative of the legal staff appointed by the Association of Members of the Legal System
  • a tribal chief appointed by the assembly of tribal chiefs; and
  • four other members who are not lawyers and are appointed by presidents.

Prisons

Traditional Ghanaian society did not have any prisons like those in Ghana today. In the mid-nineteenth century, the British Merchants' Association established prisons in four forts in Ghana. One was built at Cape Coast Castle . In 1850, these four prisons had the capacity to hold about 130 prisoners. Convicts were usually used for forced labor, especially in road construction. The prisoners were not only forced to do forced labor, but were also awakened to night roll calls and were barely given the food they needed to live. It was not until around 1900 that Europeans were used as guards in prisons, and Ghanaian guards were used after the Second World War. After 1962, all prisons had been run by Ghanaians only.

No major prison reforms were initiated under the first president, Kwame Nkrumah . It was not until the time after Kwame Nkrumah that a commission was set up to clarify the circumstances in the prisons, which published its results in 1968. All prisons were more or less assessed as unsuitable, but due to the unstable political conditions in the country, no changes could be implemented. The prisons maintained their poor standard without adequate sanitation and the ability to prepare hygienic food.

In the first decades after independence, the prison system was not one of the subjects subject to major fundamental reform. In 1992 Ghana had 27 prisons, including the six main prisons for men in Accra ( Ussher Fort and James Fort ), Sekondi , Kumasi , Tamale and Nsawam . There are two facilities for women in Ekuasi, a small town near Sekondi, and in Ho . Fifteen other smaller local prisons are spread across the country, two of which also have a section for women. Two open prisons are in James Camp near Accra and in Ankaful near Cape Coast .

In 1992 about 70 percent of prisoners had been detained for less than six months. In addition to the prison system, the Ministry of Labor and Social Affairs runs educational institutions for boys ( Accra and Jakobu Ashanti ) and girls ( Kumasi ). There are also facilities in Accra, Sekondi, Cape Coast and Kumasi that look after young men.

See also

Web links

Individual evidence

  1. ↑ Democracy-Index 2019 Overview chart with comparative values ​​to previous years , on economist.com
  2. ↑ Ghana. Retrieved January 3, 2018 .