Published: 2021-12-26

Procedures and Limits to the Amendment of the 1992 Constitution of Ghana

Rafał Smoleń
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2021.21.4.02

Abstract

The aim of this article is to outline the formal and material limitations to the amendment of the currently binding Constitution of Ghana, which was enacted almost 30 years ago. Ghana is an interesting example of transformation from authoritarianism to democracy. This article takes a closer look at Ghana, a country that Western rankings have for many years acknowledged as one of the African leaders for democracy, rule of law and protection of human rights. In the latest data Ghana is ranked with almost the same results as Poland. The article comprises a brief characteristic of Ghana’s constitutional history and its constitutional and political system; a detailed analysis of its domestic hierarchy of constitutional provisions and the subsequent procedural stages of their amendment, many of them original; an attempt to identify the limits to Ghana’s constitutional amendments, including an examination of the unamendable constitutional provisions on indemnity, which are an expression of transitional justice; and an outline and assessment of the debate on changing the Constitution conducted in the last decade including procedures and limits of constitutional amendment. The conclusions address the question of the rigidity of the Constitution of Ghana due both to legal and non-legal factors.

Keywords:

constitutional amendment; constitutional rigidity; the axiology of democracy; unamendable constitutional provisions; transitional justice; debate on constitutional amendment.

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Smoleń, R. (2021). Procedures and Limits to the Amendment of the 1992 Constitution of Ghana. Zeszyty Prawnicze, 21(4), 23–62. https://doi.org/10.21697/zp.2021.21.4.02

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