CHAPTER 2
numbers of people living within them, so as to ensure adequate and equitable
representation.
28. Ghana is a presidential-parliamentary system of governance under a multi-party
electoral system, in which the President and legislatures serve four-year terms. The
President's electoral tenure is limited to two consecutive terms, whereas that of
parliamentarians is unlimited. Any citizen of Ghana who is over 21 years of age, is of
sound mind, is a registered voter, is not bankrupt or in default of taxes, and has not been
convicted of a serious criminal offence including electoral malpractice is eligible for
election to membership of Parliament. Some groups of people are, however, precluded
from such membership, for instance chiefs, members of specified public services,
revenue agencies, security services, Ghanaians who owe allegiance to other countries,
and those who have been the subject of “adverse findings” by unspecified commissions
of inquiry. Nonetheless, a great majority of Ghanaians trust that the 1992 Constitution
guarantees and provides for the promotion and protection of a broad range of rights and
freedoms for the citizenry.
Rule of law and supremacy of the Constitution
29. The supremacy of the Constitution and entrenchment of the rule of law are the basic
foundations on which all the institutions of governance, the private sector and civil
society are grounded. The constitution and the rule of law offer protection of individual
life; security of property; sanctity of contracts; protection from the government's
arbitrariness or abuse of power; and the assurance that one can enjoy the fruits of one's
labour. Without constitutionalism and the rule of law, no one will venture into
productive and creative activities, or create wealth and employment and thereby
promote human development and the alleviation of poverty.
30. The 1992 Constitution contains ample provisions that entrench the rule of law,
affirm the supremacy of the Constitution and constitutionalism, and constrain the
abuse of power and discretionary authority of those in governance positions. The courts
have clearly asserted their independent powers of judicial review and their willingness to
pronounce certain Acts or behaviour of the Executive branch unconstitutional. Ghana
has demonstrated that it is possible for the judiciary to be independent in Africa.
31. Collated and analysed data in the CSAR indicate, however, that although the rule of
law is a reality in Ghana, some sections of the populace are routinely denied access to
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