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 22

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