How the Constitution Review Process Should Be Completed – Working Paper 3

Our new Working Paper titled “How the Constitution Review Process Should Be Completed” is published and can be downloaded via the link below.

GHANAS-1992-CONSTITUTION-@-22-A-LOOK-AT-THE-PAST-THE-PRESENT-AND-THE-FUTUREAbstract: The 1992 Constitution has endured longer than previous constitutions, nonetheless there have been calls for amendment of some provisions. These calls were heeded when a Constitution Review Commission (CRC) was established in January 2010. After reviewing the major opinions from nationwide hearings and many memoranda, the CRC presented its report in December 2011, a report in which many recommendations were made.

The Government studied these recommendations and stated its position on the recommendations in a White Paper issued in June 2012. Then the Government set up a Constitution Review Implementation Committee (CRIC) in October 2012 to implement the recommendations, which fall into two categories, those that require referenda and those that don’t. But a lawsuit in July 2014 challenging its constitutionality stalled the work of the CRC until there was a favourable ruling in October 2015.

This ruling notwithstanding, the CRC’s recommendations have still not been implemented. The work of the CRC and its recommendations are evaluated, with emphasis on two major issues, decentralisation and the death penalty.

Recommendations are then made on how decentralisation can be strengthened, including on how to create new districts and elect chief executives of metropolitan, municipal and district assemblies; on how to abolish the death penalty; and on how to complete the CRC’s work. Our overriding recommendation is that all the recommendations of the CRC should be implemented by the end of December 2017.

Authors: Kwamena Essilfie Adjaye1*, Ernest Amoabeng Ortsin2 and Anthony Hugh Cobbinah3

Download link: GGDP_WP3_Constitution-Review-Process-Final pdfIcon

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