| The 1992 Fourth Republican Constitution of Ghana confers enormous, in fact excessive, powers on the President and for that matter the Executive arm of Government. Many observers have noted that the President has overwhelming powers of appointment and patronage which severely constrain the effective development of a system of checks and balances (IEA, 2022; former Commissioner of CHRAJ, Justice Emile Short, 2022; Rev. Dr. Lawrence Tetteh – President of Worldwide Miracle Church, 2023; President of the Eastern Regional House of Chiefs, Nene Sakite II, 2023; North Tongu MP, Hon. Samuel Okudjeto Ablakwa, 2022; Dean of UPSA Law School, Prof. Ernest Kofi Abotsi, 2022; NCCE, 2023; etc.). | IEA Ghana | 20 Jan 2025 | Download |
| The President of the Republic is the Head of State, Head of Government and Commander in Chief of the Ghana Armed Forces. He is the foremost citizen according to Article 57(2) of the Constitution; and aside the de jure rights extensively conferred on the President as premiere, he enjoys de facto authority which accompany his popular election, wide media coverage and partisan loyalty. He has overwhelming, if not excessive, powers of appointment and patronage which severely constrain the effective development of a system of checks and balances (IEA, 2022; former Commissioner of CHRAJ, Justice Emile Short, 2022; Rev. Dr. Lawrence Tetteh – President of Worldwide Miracle Church, 2023; President of the Eastern Regional House of Chiefs, Nene Sakite II, 2023; North Tongu MP, Hon. Samuel Okudjeto Ablakwa, 2022; Dean of UPSA Law School, Prof. Ernest Kofi Abotsi, 2022; Hon Osei Kyei-Mensah-Bonsu, 2022 – MP, Suame Constituency, Minister for Parliamentary Affairs and Majority Leader; Presiding Bishop of the Methodist Church – Most Rev. Dr. Paul Kwabena Boafo, 2023; Head of Ahmadiyya Muslim Mission – Alhaji Maulvi Bin Salih, 2023; Mr. Kwesi Pratt Jr., 2023). | IEA Ghana | 20 Jan 2025 | Download |
| This paper presents a timely evaluation of issues that impact on the gender responsiveness of a national constitution, reviews best practices of other jurisdictions and makes recommendations for appropriate amendments to be effected in the 1992 Constitution. This paper reflects the views of several gender and women's rights advocates that have collaborated for engagement with the constitution review process. | Mrs. Chris Dadzie | 19 Jun 2020 | Download |
|
On December 7, 2009, the Institute in collaboration with the Editors Forum Ghana, organised a debate on the topic, “Proportional Representation Versus Winner-Takes-All: The Way Forward." In the first chapter, Prof. Ken Attafuah argues for Proportional Representation. He states his case for the formula in clear and unequivocal terms. In the second chapter, Dr. Vladimir Antwi-Danso, stands for the Winner-Takes-All position. He debates on the various theories of representation, the advantages of both formulae and concludes that Ghana has tried and tested the Winner-Takes-All formula and should stick to it. In the concluding chapter, Dr. K. Afari-Gyan discusses different electoral formulas and concludes that not one system is perfect for all the various elections conducted in the country. He argues that it is worth considering using different formulas for the different elections. | Prof. Kenneth Agyemang Attafuah, Dr. Vladimir Antwi-Danso, Dr. K. Afari-Gyan | 19 Jun 2020 | Download |
| The paper reviews the background and historical antecedents of Ghana's hybrid 1992 Constitution, which is a fusion of the UK Westminster Prime Ministerial system and the United States Presidential system. It provides a detailed analysis of Ghana's experiences since it started operating the Constitution in 1992 and shows how the fusion of the UK and US systems has resulted in difficulties. It concludes that although the spirit behind promulgating a hybrid Constitution was well-intended, this has not translated into the desired outcomes in the governance of this country. Prof. Mike Oquaye suggests that to enhance good governance, boost parliamentary assertiveness, increase effective legislation, and  make the Legislative arm of government the true representative body for all Ghanaians, the hybrid provisions in the 1992 Constitution should be amended. | Hon. Prof. Mike Oquaye | 19 Jun 2020 | Download |
| In this paper, Dr Antwi-Danso discusses the omissions of provisions on a defecting president in Ghana's Constitution, chief among these being the silence on the procedure in the event of the vice president's position becoming vacant either through death or if he or she should become incapacitated. The Constitution is also silent on what should happen should the sitting president and his vice fall out. The author proposes a number of recommendations to address this lacuna. | Dr. Vladimir Antwi-Danso | 17 Jun 2020 | Download |
| Mining has been regarded with suspicion and has been attacked for several reasons, chief among which is the often leveled charge that the adverse environmental and social effects of mining are hardly ever addressed and that mining activity has detrimental consequences on the health, lives and livelihood of mining communities. Another accusation is that mining has not made a positive impact on the economic fortunes of Ghana because fiscal terms are all too often poorly or improperly defined. The third charge is that transactions, contracts and decisions about mining undertakings are not transparent, with limited or no public, oversight. Given the problems which have beset Ghana's foremost income generating activity and the different dimensions and expectations that the discovery and exploitation of oil and gas presents, it is imperative that appropriate provisions are incorporated into the Constitution to remedy the problems. The proposed review of the 1992 Constitution relates to Articles 257,268 and 269 of the 1992 Constitution and seek specifically to (a) broaden the remit of Article 257 to cover all extractive natural resources and not just minerals, (b) strengthen State ownership rights and the fiduciary duty of the State in the use of natural resources; (c) embed in the Constitution measures for 'transparency, accountability, equity, environmental protection, and public oversight in all transactions, contracts, and undertakings regarding the exploitation and management of natural resources and the revenues derived from them; and (d) suggest that provisions that may undermine the demands for transparency and accountability in the management of natural resources, be expunged from Articles 268 and 269. The proposed amendments signal Ghana's efforts to overcome the tragedy of its mining history. | 17 Jun 2020 | Download | |
| 15 Feb 2020 | Download | ||
