The introductory statement of the Ghanaian constitution. Guarantees the Principle of Universal Adult Suffrage; Freedom; Justice, Probity, and Accountability; and the protection and preservation of Fundamental Human Rights and Freedoms, United and Stability. The 1992 constitution drew primarily from the lessons from the previous 1957, 1960, 1969 and the 1979 constitutions and the British and United States constitution models, the preamble states clearly what the 1992 Ghanaian Constitution will employ when incorporated as the supreme law of Ghana.
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.
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.
All five Constitutions of Ghana since independence have been fortified by an array of constitutional concepts and theories. One of such fundamental concepts is the doctrine of separation of powers. In Ghana, the operation of separation of powers has been in varying degrees, each tied in with its merits and demerits. The 1979 Constitution of Ghana adopted the American model of the concept thus establishing a Presidential system of government where each arm exercises power to the exclusion of the others and no member of one arm of government belongs to the other. The renaissance of constitutional democracy in the Fourth Republic gave rise the Constitution, 1992 which embraced the hybrid system of separation of powers. The hybrid system in the 1992 Constitution has been disapproved as being an unusual hybrid system, which I label as hyper-hybridization. This comparative study proves that the assertion that the form of separation of powers under the 1979 Constitution was more enhanced than that which is currently employed under the 1992 Constitution. The hyper-hybridization of the latter has resulted in executive supremacy, a rubberstamp legislature and a partially independent judiciary which is inimical to our democracy. For this reason, the 1992 Constitution ought to be reviewed to either restructure the system of separation to produce a balanced hybrid system or adopt the 1979 form of separation of powers. This will unshackle the encumbered climate of constitutionalism in Ghana.
Nonetheless, it seems the expectations of the 1992 Constitution is already hampered by the various Acts of Parliament regulating the right to keep and bear arms. There are currently some fourteen or so separate laws on the ownership, or acquisition and operation of handguns and related ammunitions, besides the Ecowas and United Nations Development Program conventions. There is obviously something wrong with the picture of a nation that has not ever conducted a civil war against itself, but has over a dozen laws and legislative instruments to regulate the right to keep and bear arms. Ghana has not ever gone to war against its neighbors since its independence in 1957, except a select few of its military and police personnel that had ever served in benign Peace keeping roles in the Sub-region and elsewhere. Due to the pacifism of Ghana, which underlines its foreign policy and relationship with its neighbors, there are many of our military personnel as well as the police, who through no fault of theirs, may spend their entire military or service careers without ever been placed in war situation apart from Peace keeping forays. Despite their availability for national duty and sacrifice when required, their numbers are finite. The citizens can provide appreciably larger numbers of first responders to the defense of the nation. That is why it is important to the survival of the nation to empower citizens to exercise their natural and constitutional right to arms. 2b1af7f3a8