ORGANS OF GOVERNMENT NOT INDEPENDENT

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