IMPORTANCE OF CONSTITUTIONAL LAW TO GHANA'S DEVELOPMENT.

Law is a set of rules that are created and are enforceable by social or governmental institutions
to regulate behavior.
• Decrees (Law passed by military regimes: in Ghana for instance the current 1992 constitution
has incorporated some PNDC Laws)
• Judicial precedent: The judicial rulings and interpretations on specific cases especially of
national interest can be an important source of constitution.
• By-laws (Subsidiary legislations)
• Authoritative sources: These are political ideas from political thinkers which are generally and
universally accepted. For instance the concept of rule of law, accountability, legality, separation
of powers, check and balances are associated with many thinkers.

A constitution is a set of principles determining how the government should manage a

country’s
affairs and defines the operational boundaries of all government organs.A constitution is an
essential tool for self-government. It is like a rule book describing how a nation will be governed
– the fundamental law of a nation. A constitution recognizes and protects a nation’s values and
is the foundation on which a government is built and how its laws are made.constitution is also
dependent on its various features which are discussed below:

A Preamble: It highlights the basic values and objectives of a state.

Identity of state: It may also declare the national language of the state, characteristics and color
scheme of a national flag, eligibility of an individual to be the citizen of the state, and position
of the state in the world among the rest of the countries.
Rights: The Constitution also clearly announces the rights of citizens. Furthermore, it also
explains the scenarios under which these rights may be limited or suspended.
Commitment to the rule of law: Constitutions emphasize ensuring the rule of law. They declare
laws to be enforced impartially, remain accessible and provided to the people of the state.
Role and composition of law-making bodies: The constitution clearly describes who can make
the legislature and how the relevant members may be chosen. It defines the roles and
responsibilities of all the public bodies.
Role and Composition of President, Prime Minister, and Ministers: The constitution makes it
clear who shall be the part of the executive body and what would be the process to elect them.
It also explains which executive will possess which powers and how they are going to be held
responsible for the use of their powers.
Structure of Judiciary: It also explains the conditions following which the judges may be
selected. It describes all types of the court that would exist in the state and necessary
information about the appointment of government legal advisors and public prosecutors.
Elections: The constitution also explains various requirements regarding the elections for
example; voting systems, candidates for elections and procedures to carry out elections, etc.
Other important bodies: The importance of the constitution is also clear by the fact that it
provides the basis of other important bodies of the state including the election commission,
human rights commission, etc.
Structure of state: It clearly defines the allocation of power at national, regional, and local
levels.
Economy and distribution of resources: Sometimes, the constitution also mentions which
economic system would be followed in the state.
Role of military and police: It also defines the duty of armed forces and police. It further
explains provisions for their control, supervision, and accountability.
Emergency powers: It also addresses that in what sort of situation, an emergency can be
declared in a state and who has the powers to do so.
Amendments: The constitution also puts forward a procedure through which amendments can
be made into the constitution.

Constitutional law provides a written code that defines the rights and obligations of the
members
Of the society that adopts the Constitution or refers to the body of practices, policies and
Constitutional interpretations that guide operations within the executive, judicial and
Legislative branches
Constitutional law is the ultimate legal framework that governs a country’s people, institutions
and
Structures.
Constitutional law provides a set of basic rules that allows for minimal coordination among
Members of society.
Constitutional law protects the right and freedom of the people in the country and it also
explains
The obligations of the people in the country.
In many ways it gives shape to a nation’s political order, economics, and international relations
And renders support in bringing stability to its internal affairs.
Constitutional law plays an incredibly important role in Ghana’s development by defining rights
Of citizens while simultaneously protecting them; providing guidance for successive
governments
both now and into the future; acting as cornerstone legislation which shapes politics; creating
economic opportunity channels through investment friendly regulations; allowing effective
dispute resolution of processes based on established common law principles framed within
constitutional provisions; encouraging mutual respect among nations aligned with international
treaties and shaping foreign policy actions directly affecting prosperity outcomes
internationally.
A country without a constitution is bound to plunge into chaos and instability.
Under Dr. Kwame Nkrumah’s leadership, there was no written constitution present until 1960
when one was adopted following victory from colonial oppression earlier that same year.
Numerous
amendments were made along the way up. Since its independence in 1957, Ghana has
undergone several major changes in both the type of government and the democratic
government itself. Ghana was first declared a Republic in 1960 under the premiership of
Kwame Nkrumah. By 1964, Ghana had transitioned from a republic to a one-party state with a
presidential system where rights of the citizenry were eroded and political participation
completely banned. Ghana would have an unstable political environment with several military
takeovers in 1966, 1972, 1978, 1979, and 1981 despite the establishment of democratic
administrations in 1969 and 1979. On April 28, 1992, a referendum was launched that approved
the 1992 Constitution forming the current Ghanaian Fourth Republic. The 1992 Constitution
was based upon the democratic principles established by the 1957, 1969, and 1979
Constitutions as well as 258 member Committee of Experts, who submitted a slew of
Constitutional proposals that would be approved by the Consultative Assembly. The 1992
Constitution provided for the greater freedom of the press and human rights guarantees, a
similar executive branch to the US with the president being elected in four-year terms, and the
reinforcement of a unitary government while allowing for local governments. The Fourth
Republic's first government was officially sworn in on January 7, 1993.
Constitutional law prevents the government and its officials from abusing power, the law has
been
set in such a way that all the activities by the government or the government officials have limit
so that they don’t infringe upon the rights of the others in the country.
With the help of constitutional law Ghana is now known as one of the most peaceful countries
in
the world and that has led to the attraction of many foreign investors who invest in our
business
and enables them to grow.
It has also helped the country lay down rules which helps with a peaceful change in
government.
Ghana had really benefited from constitutional and is still benefiting we have been able to lay
down some rules which have helped us a lot.
This has enabled government set rules which helps in preserving our forestry, water bodies and
a
whole lot of natural resource which is attracts tourist from outside and within the country to
come
and experience how safe and friendly we are in the country.
Constitutional law also is in maintaining a political system of checks and balances. Specifies the
function of the various arms of government, which is the executive, legislature and the judicial
coordinating together. It defines the functions, responsibilities, and limitation of the three arms
government to prevent them from overriding each other or which helps to ensure that no
political
the branch becomes too powerful and preserves the structure of the democratic republic.
Bills of rights protects freedom of speech allows individuals to assemble, speak publicly, write
or
publish content. Freedom of speech also relates to freedom of religion, which allows people to
believe in and practice the religion of their choosing. Over time, legislators have developed
policies that modify the right to free speech in some situations, such as in certain places or at
specific times. Again the right to due process which means individuals get fair treatment during
legal situations. A person’s right to due process ensures that law enforcement or government
agencies uphold the existing laws and protocols for that individual. For example if a person’s
accused of a crime they have to know what the accusations are and receive a fair trial.
Constitutional law also helps make sure that the branches balance the central government's
power
among themselves and develop Ghana as a country.
constitutional law aims to ensure that they are:
Created in public: The process of making and enforcing laws must be clear, understandable, and
open to the public.
Equally enforced: Laws must be stated clearly, stable, publicized, and evenly enforced.
Protective of basic rights: All laws must protect individuals’ rights, civil liberties, and human
rights.
Independently administered: The judges who interpret laws must do so in an impartial,
politically neutral way. It must also reflect the composition of the communities they serve.
Again There are numerous rights which are guaranteed by the Constitution but are not
specifically mentioned in the document. Instead, they are inherently a part of the notion of
liberty and, therefore, a constitutional right. These rights include, but are not limited to:
The right to travel across state lines;
The right to marry;
The right to raise children; and
Privacy rights.
Each state is permitted to expand on the basic rules, regulations, and rights contained in the
Constitution. A state, however, is not permitted to supersede, or override, the rights which are
granted in the Constitution.