Constitution of Ghana

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Ghana's constitution, which has been in force since 1993, is divided into 26 sections and regulates the country's fourth republic . The constitution comprises a total of 299 paragraphs.

Position of the constitution

Section 1 (Paragraphs 1 to 3) generally states that the people of Ghana are the sovereign . State power is thus exercised in the name of the people. The primacy of the constitution is standardized. The Supreme Court is empowered to review the declaration of the Constitution. Parliament is expressly prohibited from setting up a one-party system. The citizens of Ghana are granted the right to defend themselves against a violation of the constitution at any time.

National territory

The regions of Ghana

Section 2 (Paragraphs 4 to 5) of the constitution basically regulates the national territory and citizenship . The national territory consists of a unified republic on the territory of the regions that existed on Ghanaian territory, the sea area and the airspace immediately before the constitution came into force. The president can designate a new region by act of state, change the borders of a region or determine the amalgamation of regions.

Citizenship Rights

Section 3 (Paragraphs 6 to 10) regulates citizenship rights. What is remarkable here is that every woman who is married to a Ghanaian automatically holds citizenship. Every man who is married to a Ghanaian woman receives citizenship rights only after an application process. Children under the age of 7 who are found in Ghana and cannot be assigned to parents are considered citizens of Ghana.

Legal system

Section 4 (Paragraph 11) regulates the applicable law in Ghana. Ghana's law is based on common law. The constitution expressly recognizes the law of the individual ethnic groups and communities in Ghana as Customary Law . Particularly noteworthy here is paragraphs 5 and 6, which expressly standardize that laws, customary rights and other legal provisions that were already in force before the constitution do not lose their effect when the constitution came into force and are even protected against changes due to the constitution. The old legal system has thus received a guarantee of existence.

Human rights

The present constitution of Ghana was developed with the history of slavery in mind

Section 5 (Paragraphs 12 to 33) of the constitution comprehensively regulates human rights and fundamental freedoms on 9 tightly printed A4 pages. All men, women and children can invoke these rights. In addition to human dignity , freedom of belief, freedom of conscience , freedom of assembly , the right to trade union membership , freedom of teaching , freedom of religion , freedom of speech , freedom of the press , freedom of information , freedom of broadcasting and the guarantee of property and the right to inheritance of the spouse are standardized. Everyone has a constitutional right to work that is satisfactory, safe, and healthy. In addition, the principle of `` equal money for equal work '' has constitutional status. Everyone has free access to education. Maternity leave also enjoys constitutional status. The principle of fair trial is a fundamental part of the legal system. Disabled people are granted the right to live with their families. As far as accommodation in a facility is necessary, disabled people in Ghana have the right to a comparable standard of living with non-disabled people.

Torture and slavery are expressly prohibited . Equality before the law is standardized. Equality before the law applies regardless of race, gender, age, skin color, ethnicity, religion, conviction or social and economic status. Sexual orientation is not mentioned in the constitution.

Management principles

Section 6 (paragraphs 34 to 41) of the Constitution deals with the principles of administration. The duties of the president are regulated here. The basic rules of state action include the state's obligation

  • to protect independence
  • to respect and guarantee human rights and fundamental freedoms
  • to uphold the basic democratic order
  • to maximize economic processes and to control them for the benefit of all
  • to unify people's economic foundations
  • To set up educational institutions including the basis of lifelong education
  • protect the languages ​​of Ghana
  • To represent the interests of Ghana in foreign policy, in particular to promote fair trade

Representatives of the people

Section 7 (Paragraphs 42 to 56) regulates the electoral commission and the political parties in addition to the right to vote.

Suffrage

Section 7 (Paragraphs 42 to 44) regulates the right to vote and obliges to set up an election commission. In this section, Ghana is divided into constituencies, the number of which must always correspond to the number of seats in parliament . The election is secret in Ghana. A simple majority in the election of members of parliament is sufficient to be considered elected. If only one candidate is nominated, there will be no election, the candidate will be appointed.

Electoral Commission

Section 7 (paragraphs 45 to 54) deals with the tasks of the electoral commission.

Political parties

Political parties are regulated in paragraphs 55 and 56 in section 7. Everyone has the right to found a political party. The parties are obliged to represent national interests and not subscribe to religious, ethnic or other subdivisions. Only Ghanaian citizens are allowed to give donations or the like to a political party in Ghana.

See also: List of political parties in Ghana

executive

John Agyekum Kufuor

Section 8 (Paragraphs 57 to 88) of the Ghana's constitution makes provisions for the executive branch in Ghana. Paragraph 58 in this section regulates the position of head of state, head of government and chief commander of the army for the presidency. The President may not be a member of a court during his term of office. Other positions are also excluded for a president. So he cannot be the head of a university or pursue another profession that brings him profit. A president who has left office enjoys immunity for a period of three years. The President is not allowed to leave the country without written permission from the Speaker of the Parliament. A vice-president is appointed to assist the president. In Ghana, only a citizen can be elected president who has had this status since his or her birth, is older than 40 and can be elected parliamentarian. A candidate for the presidency is only considered elected if he has more than 50 percent of the votes cast (Paragraph 63). If none of the candidates manage to unite the required votes in a first ballot, there will be a runoff between the two most successful candidates. The presidential election can be reviewed by the Supreme Court following a petition from a Ghanaian citizen. A candidate is elected for four years and can only serve two terms. The President has to avail himself of various advisors who they according to Compose Paragraph 70 of the Constitution from all areas of politics. The President's salary is set by Parliament. The president sets the salaries of the chief judges and various commissions.

The Cabinet in Ghana is described in Section 76 in Section 8. According to this, the government can only consist of 19 ministers in addition to the president and the vice-president. The cabinet members should support the president according to their areas of responsibility and hold regular meetings for this purpose. The ministers are appointed by the president from among the members of parliament or among the citizens who can be elected as members of parliament. The principle applies that the majority of ministers should be elected from among the members of parliament.

see also: Politics in Ghana , section fourth republic in the list of governments in Ghana

National Security Council

Section 83 of Section 8 describes the establishment of a National Security Council. In addition to the government, senior members of the secret service, the police, the army and other key positions are appointed in addition to 3 presidential trusts. The task of the National Security Council is to oversee internal and external security. To this end, the council should collate and collect the relevant information. The Council should take the necessary steps to ensure the security of Ghana.

State Council

Section 9 (Paragraphs 89 to 92) of the Constitution deals with the establishment of a Council of State (Ghana ). The members are appointed by the Presidents in principle after questioning the Parliament and should consist of a former Chief Justice , a former Defense Commissioner, a former Chief Police Officer and the President of the National House of Chiefs (National Assembly of Chiefs). In addition, a representative from each region in Ghana is to take part, as well as eleven other members who are appointed by the president alone. The council of the state should serve to advise the president and every other institution under the constitution.

legislative branch

Section 10 (Paragraphs 93 to 124) regulates the legislature in Ghana. The parliament consists of at least 100 members in accordance with the provisions of Section 10 of the Constitution. The parliament has the legislative competence in Ghana. Only citizens of Ghana who are older than 21 years and who have been registered are eligible for election as members of parliament. In addition, the candidate for a seat in parliament must live in the constituency for which he is standing for election. Ultimately, a candidate must have paid all of their taxes. In addition, Section 10 contains some regulations that prevent an election to parliament, such as a previous bankruptcy or the conviction of a serious crime. According to Paragraph 95, Parliament should appoint a spokesman who does not necessarily have to come from the ranks of parliamentarians. The election of Parliament is subject to scrutiny by the Supreme Court.

A law is generally deemed to have been passed if more than half of the voters present approve it. If a contract is to be voted on that deals with the commissioning of a company, parliamentarians are excluded from the vote if they also have interests in this company.

Parliament is prohibited from enacting a law that affects or changes the decision or vote of a court . To increase the control that is Parliament not entitled. Parliament has by law to trade and the economy to regulate and direct. In Parliament there is freedom of speech , freedom of debate and freedom of vote . The parliamentarians enjoy immunity and indemnity .

Judiciary

Section 11 (Paragraphs 125 to 161) regulates the judiciary in Ghana. In Ghana, judgments are made in the name of the republic; the judiciary is only subject to the constitution when reaching a judgment. The entire judiciary is headed by the Chief Justice , who is entitled to essential rights when appointing the judges of all higher courts. The judiciary deals with all legal affairs of the state, at least with criminal law, civil law and other areas as far as the parliament determines these. The legal system consists of the Supreme Court, a kind of constitutional court, the Court of Appeal , the Court of Appeal , the High Court and Regional Tribunals (supreme courts of the regions), as well as other lower courts, insofar as these are established by Parliament. According to the constitution, the courts should also be administratively and financially free and independent of the other state powers .

See also: List of Chief Justice's of Ghana

Supreme Court

The Supreme Court in Ghana is the highest court in the country. In addition to the Chief Justice, the Supreme Court consists of no fewer than nine other judges. A lawyer can only be appointed to the office of constitutional judge after fifteen years of professional experience in which he has demonstrated his professional skills as well as his character and moral aptitude. The Supreme Court is the final authority to review the judgments of the other courts. For the Supreme Court, its own earlier decisions are fundamentally binding. All other courts in Ghana are bound by the legal decisions and legal developments made by the Supreme Court.

The Supreme Court decides on questions of interpretation and application of the Constitution. In addition, the Supreme Court is the body responsible for determining whether the powers of the other state powers have been exceeded. If a question on the application or interpretation of the constitution is relevant to a decision in another court of the Ghanaian jurisdiction, this court must suspend its proceedings and first refer the matter to the Supreme Court .

Insofar as the Supreme Court is called upon as the last instance about judgments of the jurisdiction, the legal process is first to go through the Court of Appeal . In particular, questions of legal training should be examined by the Supreme Court in the last instance. At the request of a court other than the Court of Appeal, the Supreme Court may accept a question for decision. The Supeme Court also monitors the work of the other courts and can issue binding instructions to the lower courts.

As far as the Supreme Court decides on questions of the interpretation and application of the constitution, seven judges are involved in such a judgment. A chamber of the constitutional court basically consists of three judges, especially in matters as an instance court, but many matters can also be delegated to a single judge. However, this transfer to the single judge is out of the question if in criminal matters, when a judge decides on an application, the unsuccessful party (public prosecutor or defendant) can request a review of the decision by three judges. Furthermore, in civil law matters, a transfer to the single judge is not possible insofar as this conflicts with a previous decision of the Supreme Court or overrides it. A decision by three judges is then necessary for this.

The Supreme Court has exclusive jurisdiction over the decision as to whether an official document is used in proceedings insofar as this may jeopardize the public interest or impair state security.

Court of Appeal

In addition to the Chief Justice, the Court of Appeal consists of no less than ten other judges who, in at least twelve years of professional experience, must have developed special character and moral skills in addition to their professional qualifications. The Chief Justice is entitled to appoint certain other judges from the other supreme courts (Supreme Court, Court of Appeal, High Court and Regional Tribunals) to the Court of Appeal for a limited period.

A chamber of the Court of Appeal basically consists of three judges, chaired by the senior judge. The Court of Appeal is the appellate body for all judgments, decisions and instructions of the High Court and the Regional Tribunals. In principle, matters can also be decided by a single judge before the Court of Appeal. However, this is not possible if an earlier decision of the Court of Appeal is to be amended or revoked during the ongoing proceedings; three judges of the Court of Appeal are responsible for this.

High court

In addition to the Chief Justice, the High Court in Ghana consists of no fewer than 20 other judges who have demonstrated professional, personal and moral skills in at least ten years of professional experience. In addition to these judges, the Chief Justice can appoint other temporary judges if necessary. The composition of the High Court varies widely and is judged on the nature of the decision to be made. In principle, the single judge decides. In some cases a jury or assessor joins this . Three High Court justices rule on the case of treason charges.

The High Court has the right and the duty to safeguard fundamental human rights. For this purpose, the High Court is also entitled to oversee the lower jurisdiction.

Regional tribunals

According to the constitution, a regional tribunal must be set up in every region of Ghana. These each consist of the Chief Justice, a chairman and other "judges", but they may not be lawyers. The other “judges” are appointed by the Chief Justice. The regional tribunal decides through the chairman and the other members of the chamber. A regional tribunal can only be presided over by a lawyer who has served a period as a judge on the High Court. The other “judges” of the Regional Tribunal do not have to have any legal training, but they do need to have high character and moral skills. The regional courts should be assigned their jurisdiction by parliament. The constitution does not make any further provisions on this.

Appointments, end of service

The Chief Justice is appointed by the President of Ghana in consultation with Parliament. The President appoints the other judges of the Supreme Court after consulting the Judicial Councils and the Council of State with the approval of Parliament. The judges of the Court of Appeal, the High Court and the presidents of the Regional Tribunals are appointed by the President on the proposal of the Judicial Council. The other “judges” of the Regional Tribunals are appointed within the regions with the participation of the Regional Co-ordinating Council.

From the age of sixty, the service of a judge of the higher courts including the chairmen of the regional tribunals in the pension can end. A judge can be removed from office in the event of serious misconduct. A judge can also voluntarily resign from office at any time by submitting a written application to the President.

In order to remove a judge from office, a petition must be submitted to the President, who will refer the case to the Chief Justice. If an impeachment is to take place, the Chief Justice convenes a commission of three judges from the higher courts, which are supplemented by further persons from the Justice Council and two independent non-lawyers who are also known by the Chief Justice. The commission examines the individual case and initiates the necessary investigations.

It is also possible to petition to impeach the Chief Justice. In this case, the President appoints members of the Council of State, two judges of the Supreme Court and three other non-lawyers to a commission which, after an examination of the facts, will advise the President as to whether the Chief Justice should be dismissed.

Judicial Council

A Judicial Council is established. The Chief Justice is not only a member, but also chairs it. Other members are:

  • the Public Prosecutor General
  • a Supreme Court judge appointed by that court
  • a judge of the Court of Appeal appointed by that court
  • a High Court judge appointed by that court
  • two representatives of the Ghana Bar Association
  • a representative of the Chairmen of the Regional Tribunals, who is appointed by them
  • a representative of the lower courts and tribunals
  • the Judge Advocate-General of the Ghanaian Armed Forces
  • the head of the legal department of the police
  • the editor of the Ghana Law Report
  • a representative of the Association of Legal Employees, nominated by the Association
  • one chief nominated by the National Assembly of Tribal Chiefs
  • four non-lawyers, nominated by parliament

The task of the Judicial Council is to propose reforms to the judiciary and to provide a forum for the discussion of legal matters at the highest level. The Judicial Council also has its role to play in the recall of judges due to serious misconduct.

media

Section 12 (paragraphs 162-173) deals with media freedom and independence. The freedom of the media and the press are guaranteed. Expressly, publishers of newspapers and other mass media should not be controlled. The state media institutions have to guarantee free and fair access. A national media commission has been set up to ensure freedom of the media.

Financial constitution

Section 13 (Paragraphs 174 to 189) regulates the financial constitution in Ghana. In Ghana, a tax is only levied after it has been set by law. According to the constitution, it is not possible for the government to request loans without prior authorization from parliament. Parliament also has the power to determine the terms and conditions of the loan and the purpose of such a loan. The finance minister has to inform the parliament about the state of the loans and the finances in general at its request.

The Bank of Ghana is the central bank of Ghana and has currency sovereignty. The main tasks of the Bank of Ghana are to monitor the stability of the Ghanaian currency, to regulate the financial system in the interest of economic progress in Ghana and to promote the country's economic development. The director (governer) of the Bank of Ghana has to prevent any financial transactions that violate applicable law. The director of the Bank of Ghana is appointed by the president with advice from the State Council for a period of four years. He can only be removed from office for an important reason, like the Chief of Justice or the judges of the highest courts.

A Finance Committee will be set up in Parliament to oversee the work of the Bank of Ghana. The audit general (chief auditor) has to audit the Bank of Ghana at the end of the financial year and submit an audit report to parliament.

A statistical office will be set up (Statistical Service) headed by the Governmental Statistican, who is appointed by the President in consultation with the State Council.

The chief auditor (audit general) of Ghana heads a public office and is not commissioned externally. All accounts of the state, the public institutions such as the courts, the universities and other public bodies that were brought into being by an act of the parliament are to be audited by this office. In addition to the audit general, an auditing service must be set up to monitor the conditions and circumstances of the public service.

Public service

In Ghana, Section 14 (Paragraphs 190 to 199) of the Constitution describes the civil service. After that, the public service in Ghana is supposed to

  • the general civil public service in a regional or local administration
  • the service in the judiciary (judiciary)
  • the examination service
  • the service in education
  • the prison service
  • the parliamentary service
  • the health service
  • the statistical service
  • the service in the national fire brigade
  • the Customs, Excise and Preventive Service
  • the internal affairs service
  • the police service
  • the service in the Immigration Service (immigration office)
  • the legal service

include.

A public service commission is to be set up to control and monitor the public service.

police

The establishment of a police service is determined in Section 15 (Paragraphs 200 to 204) of the Constitution of Ghana. The parliament of Ghana is expressly allowed to use a police service as the only authority. The police should obey law and order.

To control the police, a police council is set up which, in addition to the Ghanaian vice president, the interior minister, also consists of the inspector general of the police, the prosecutor general or a representative, a lawyer from the Ghanaian bar association, a representative of the retired police officers and two active members of the police .

The Police Inspector General is appointed by the President and, with the help of the Police Council, has control over the execution of the police force and the supervision of the administration. In principle, the President of Ghana is entitled to appoint police officers, but he can also delegate this right to the Police Council and a committee.

The Police Council advises the President on matters relating to the police force, including finances, administration and internal matters such as the remuneration of the police force. A police committee is to be set up for each region in Ghana. The task of this regional police committee is to provide advice to the police council in matters that have an impact on the relevant region.

Prison service

The prison service is established under Section 16 (Paragraphs 205 to 209) of the Constitution of Ghana. Similar to the administration and supervision of the police service, a prison council is set up for the prison service, which consists of the vice-president and the interior minister. The prison council also includes the director general of the prison service, a medical advisor appointed by the Ghana Medical Association, an attorney for the Ghanaian Bar Association, the attorney general or a representative, as well as the minister or representative of the Ministry of Social Affairs and a representative each of the religious Communities called by the President, two members of the prison service, one representative of the House of Chiefs.

The General Director of Prisons is appointed by the President. Its main task is to control and monitor the prison service. The President in turn has the responsibility of appointing prison staff, which he can, however, delegate to the prison council.

The Prison Council has an advisory role to the President on the administration of the prison service and advises on financial matters as well as on the task of administering the prisons and appointing prison staff. One of the tasks of the prison council is to ensure that lawyers and others in legal counseling have free access to prison inmates.

A regional prison committee is to be set up for each region to advise and support the prison council on matters that deal with regional issues and particularities.

military

The military in Ghana is regulated in Section 17 (Paragraphs 210 to 215) of the Constitution. According to the constitution, the military in Ghana basically consists of the army, the navy and the air force as well as units that are set up by parliament. Apart from parliament, no other power in the state is empowered to convene military units. The army is expressly assigned only the role of national defense and the president is given high command.

A military council is to be set up for the military, consisting of the vice-president, the minister of defense, the foreign minister and the interior minister, as well as various persons from the military (chief of defense staff, service chief) in addition to two persons appointed by the president. Both the Chief of Defense Staff and the Service Chief are appointed by the President.

The Military Council is to advise the President on matters of defense strategy, including the role of the military, the defense budget, finances, administration and the appointment of officers from the rank of Lieutenant Colonel or equivalent. In principle, the President can delegate his duties in relation to the military to the Military Council or to a member of the Military Council.

see also : Armed Forces of Ghana

Human Rights Commission and Administrative Justice

Section 18 (Paragraphs 216 to 230) stipulates that a commission to monitor human rights and administrative justice (Commission on human Rights and Administrative Justice) should be set up. In addition to the Commissioner for Human Rights and Administrative Justice, this commission is to consist of 2 further commissioners. The President appoints the members of this commission. Parliament determines the tasks of the Human Rights Commission and its duties. These consist mainly of investigating human rights violations, injustices and investigating complaints against a public servant.

In addition, this commission should create an understanding of human rights among the public and fight corruption. Every year the Commission is to inform Parliament about the state of affairs.

The Human Rights Commission is granted the relevant rights by law by Parliament. The commission should have the right to question and to request certain documents. The Commission's rights do not, however, relate to violations that are already being tried in court or to government relations at international level. Government acts of grace are also not to be reviewed.

The commissioner and his advisers should not hold any other public office.

Commission for Civil Education

According to Section 19 (Paragraphs 231 to 239), the Commission for Civil Education is to be set up by Parliament and, in addition to the chairman, consists of two advisors and four other people. The committee members should have the right to stand as a candidate, but may not belong to any political party. The commission aims to raise awareness of constitutional rights and principles in society. The work of the commission should also enable society to strengthen the constitution and defend it against attacks.

Decentralization and local administration

Ghana is to be practically decentralized according to Section 20 (Paragraphs 240 to 256) of the constitution through the establishment of local administrations and governments. Local governments should be given responsibility in certain areas by parliament. The local administrations and governments should have their own budget to carry out their tasks. The division into districts (Districts) should lead to the fulfillment of the decentralization.

The parliament is entitled to determine the establishment or demarcation of the individual districts. A District Assembly should have the sole legislative, executive and administrative power over the local unit. A district assembly should consist of the following people:

  • one person from each local government, within the district, who was locally elected
  • Members of the Ghanaian parliament who have their constituency in the district without having the right to vote in the council
  • Other members, who are appointed by the president and cannot exceed 30 percent of the district council's membership.

Each local administration (district council or district assembly) elects a chairman (mayor or district chief executive) from among its ranks, who is only elected if he comprises two thirds of the district council. This District Chief Executive is the representative of the central government in the district and is responsible for day-to-day business.

Elections to the respective district council are to be held every four years.

See also: Districts in Ghana

Land and natural resources

Main article: Mining in Ghana

The public land is administered by the President for Ghana under Section 21 (Paragraphs 257 to 269). Every mine used to extract Ghana's natural resources, be it open-cast mining, civil engineering through the exploitation of rivers or the economic zone of Ghana, belongs to the state of Ghana.

A land commission is to be set up to administer the public land in cooperation with the public agencies and government institutions. This commission should also have an advisory role with regard to regional, local or traditional rulers and institutions. The Minister for Public Land and Natural Resources can, in coordination with the President, set framework conditions to which the Commission must adhere.

The Commission on Public Land and Natural Resources has the following members:

  • the chairman (either Minister of State or Vice Minister of State)
  • a representative of the National House of Chiefs
  • a representative of the Ghanaian Bar Association
  • a representative of the Ghanaian Institute of Land Surveyors
  • one representative from each regional land commission
  • a representative of the department for town planning and land planning
  • a representative of the National Association of Farmers and Fishermen
  • a representative of the Environmental Protection Council
  • the Minister of Land and Natural Resources
  • the chairman of the land commission, who is also the executive body of the commission

The Land Commission is to maintain a representation in each region, the composition of which is regulated by paragraphs 260 and 261 of the constitution.

In Ghana, no land can be acquired permanently by a non-citizen.

In Ghana there is so-called stool land, which can be allocated by the holder of the royal throne for this area on the basis of traditional law by the tribal chief.

Chieftancy

The establishment of the tribal chiefs and the organization of the traditional council around the tribal chief are guaranteed by constitutional channels in Section 22 (Paragraphs 270 to 277). The National House of Chiefs is set up as the constitutional organ. The members of the National Council of Tribal Chiefs are elected as chief chiefs by the Regional Councils of Tribal Chiefs. If there are fewer than five main chiefs in a region, tribal chiefs from smaller units must also be sent to the National Council of Chiefs, who together occupy the region’s seats in the National Council of Chiefs.

The task of the National Council of Tribal Chiefs is to advise a constitutional body on questions and tasks that also affect the position and tasks of the tribal chiefs. The National Council of Tribal Chiefs is to undertake the studies, interpretations and codification of common law.

The National Council of Tribal Chiefs has the jurisdiction of appeal in matters relating to tribal chiefs. The decisions of the National Council of Tribal Chiefs are only reviewed by the Supreme Court . A judicial committee is set up by the National Council of the Tribal Chieftains for jurisdiction, which consists of five members of the National Council and is supported by a lawyer who is appointed by the National Council of the Tribal Chieftains.

A regional council of tribal chiefs should be established for each region in Ghana. The tasks correspond to those of the National Council of Tribal Chiefs from the regional level.

In general, the constitution regulates that a tribal chief is not suitable for the office if he has been convicted of a serious criminal offense. A tribal chief should not take part in active party politics. If a tribal chief wishes to take part in the parliamentary elections, he should resign from his position as tribal chief.

Investigative commission

According to Section 23 (Paragraphs 278 to 283), the President must set up an investigative commission to conduct investigations in the public interest. This commission is to be set up if the President considers the establishment to be necessary, the Council of State considers the establishment to be advisable, or if Parliament decides on the establishment.

Members of the commission can only be judges of the higher jurisdiction, or a person who is fundamentally qualified for the office of a judge of the higher jurisdiction or who has special expertise with regard to the question under consideration.

The investigative commission should be on an equal footing with the High Court in terms of rights, power and privileges as far as the questioning of witnesses, the taking of an oath or the inspection of documents is concerned. The commission of inquiry should give a full and honest report on the question under investigation. The report of the investigation committee is to be published.

Code of Conduct for Public Service Employees

Section 24 (paragraphs 284 to 288) of the Constitution establishes a code of conduct for civil servants. A person employed in the public service should not act officially if he is in a conflict with his personal interests. No person should be appointed chairman of a public corporation while he still holds an executive position in that institution.

Constitutional amendment

In Section 25 (Paragraphs 289 to 292) of the constitution of Ghana, only the parliament is authorized to make changes to the constitution. Changes are only to be made if they serve to supplement the constitution and have been adopted in accordance with the constitution.

various

Under Section 26 (Paragraphs 293 to 299) of the Constitution, points are dealt with under the summary “Miscellaneous”. This includes, for example, the right of petition. A kind of free legal aid is also granted. This also includes representation in court by a lawyer. Section 26 also defines terms that are frequently used in the constitution.

literature

  • Joshua Kwesi Aikins: The Democracy of Others - Good Governance Beyond Western Projections. (Reflections on the constitutional reform process in Ghana). In: Manuel Aßner, Jessica Breidbach et al. (Ed.): AfrikaBilder im Wandel? Sources, continuities, effects and breaks. Peter Lang Verlag, Frankfurt am Main 2012, ISBN 978-3-631-61568-3

Web links

Individual evidence

  1. ↑ Key figures from Ghana: Fischer Weltalmanach. Retrieved May 15, 2018 .