The Constitution of Ghana is the supreme law 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. It is made up of 26 chapters, not including the preamble. In part, the constitution was designed to decentralize the government in Ghana.
Division of powers
The 1992 constitution, as the supreme law of the land, provides for the sharing of powers among a president, a parliament, a cabinet, a Council of State, and an independent judiciary. Through its system of checks and balances, it avoids bestowing preponderant power on any specific branch of government. Executive authority is shared by the president, the twenty-five member Council of State, and numerous advisory bodies, including the National Security Council. The president is head of state, head of government, and commander in chief of the armed forces of Ghana. He also appoints the vice president. Legislative functions are vested in the National Parliament, which consists of a unicameral 200-member body plus the president. To become law, legislation must have the assent of the president, who has a qualified veto over all bills except those to which a vote of urgency is attached. Members of parliament are popularly elected by universal adult suffrage for terms of four years, except in war time, when terms may be extended for not more than twelve months at a time beyond the four years. The structure and the power of the judiciary are independent of all other branches of government. The Supreme Court has broad powers of judicial review; it rules on the constitutionality of any legislative or executive action at the request of any aggrieved citizen. The hierarchy of courts derives largely from British juridical forms. The hierarchy, called the Superior Court of Judicature, is composed of the Supreme Court of Ghana, the Court of Appeal, the High Court of Justice, regional tribunals, and such lower courts or tribunals as parliament may establish. The courts have jurisdiction over all civil and criminal matters. The 1992 constitution, like previous constitutions, guarantees the institution of chieftaincy together with its traditional councils as established by customary law and usage. The National House of Chiefs, without executive or legislative power, advises on all matters affecting the country's chieftaincy and customary law.
