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Many a times we say Ghana practices separation of
powers but taking a look to the 1992 constitution I ask myself, do we truly
practice this concept?
Separation of powers is a concept used to ensure
that all arms of government work separately without interference and
concentration of power in one hand. The purpose of the doctrine is to check the
growth of absolute power in the hands of an individual or a few group of
individuals. History has shown that with absolute power concentrated in the
hands of a few there is the tendency that they will use the power negatively or
in other words use the power against the liberties or rights of other individuals
or the majority of persons.
Major authorities of this concept are Baron de
Montesquieu and John Locke; however the concept has been given a modern flavor
by the U.S.A with James Madison being the major advocate on American soil.
Under the 1992 constitution each of the three
primary functions is vested in a distinct body. Legislative power is vested in
parliament Article 93(2), Executive power is vested in the President Article
58(1) and Judicial power is vested in the superior and inferior courts Article 125(3)
Though the three organs of government are distinct the
framers of the 1992 constitution were influenced by the element of checks and
balances therefore made provisions for it in order to promote interdependence
of the organs of government.
The constitution makes it mandatory for the
president to elect a section of his cabinet from parliament Article 78(1), the
president is also elected separately from parliament for a period of four years
and does not depend on them for his continuous stay in power Article 57-88.
The following are the relationships between the
organs of government that does not make them independent;
Ø President
and Legislature
The president is not part of parliament but is
expected to give sessional address at the beginning of a session and during the
dissolution of parliament Article 67.
Bills are initiated by executive but parliament goes
through its procedures to approve and the president also assents to all bills t
become acts. If he does not assent it parliament can only revert it by two
thirds majority vote Article 106(10)
Ø Legislative
control of the Executive
The President nominates ministers however they are
subject to vetting and approval by parliament Article 78(1)
Executive initiates all fiscal policies but
parliament has the sole prerogative to authorize the use and raising of money
Articles 174-178
The executive enters into treaties and negotiations
on behalf of the country but all these entered into need parliamentary
gratification Article 181(loans) & Article 78(treaties)
Parliament has power to begin impeachment
proceedings on stated grounds Article 69. They can also vote to censure a
minister for misconduct Article 82
Ø Judiciary
and the Legislature
Judicial appointments depend on legislative approval
as well as the position of Chief Justice needs approval from parliament. The
Judiciary can also declare an act of parliament unconstitutional.
Ø Judiciary
and the Executive
Judges can also be removed from office on stated
grounds by the president Article 146 and the president also exercises the
prerogative of mercy which is the highest form of judicial decision Article 72
In conclusion the 1992 constitution can be said to
provide four appreciable levels of separation of functions and personnel of the
three organs of government. However there are various provisions promoting
checks and balances ensuring corporation and interdependence.
BY: KWAKU BOAKYE KARIKARI
