CHAPTER 2 throughout the ages. In Africa, the Executive has historically been the most powerful governance institution, from the pre-colonial chieftaincy through the colonial period, and from one-party rule of the post-independence period to the democracy in recent times. While the need to check and balance the powers of the Executive and constrain its discretionary authority might appear to be obvious, it is no less urgent with regard to other institutions of governance. Checks and balances are essentially measures and mechanisms calculated to inhibit the tendencies for the excessive use of power. They regulate the exercise of discretionary authority of the institutions of governance within the constitutional provisions and political culture of a country. The entrenchment of the principle of separation of powers in a constitution provides the legal foundation for such checks and balances. 56. The principle of separation of powers is a central feature of the 1992 Constitution. Survey data results in the CSAR show that Ghanaian households have a popular and strong preference for the separation of powers. 57. There is a fusion of the Executive and Legislature in that the Constitution stipulates that the majority of Ministers of State must be sitting MPs. In contrast, the independence of the judiciary is restricted by the fact that there is no upper limit to the number of Justices of the Supreme Court that can be appointed. Nonetheless, the number of significant cases in which private individuals and entities, including minority parties, have prevailed against the government in court, demonstrate the exercise of judicial review by the Supreme Court. 58. The 1992 Constitution contains provisions that both promote and protect the independence of the legislature, particularly from the Executive branch. Article 71 protects the legislature from Executive influence and control by making the internal expenses of the legislature, including salaries of MPs and of the Speaker and other officers, a charge on the Consolidated Fund. 59. However, by giving the President the power to appoint as many MPs as Ministers, Article 78 potentially diminishes the independence of the legislature and its effectiveness in enforcing horizontal accountability. As Ministers, they are likely to be diverted from their legislative duties and be more mindful of the Executive's interests and agenda, as demanded by the principle of collective and ministerial responsibility. 60. Moreover, Article 108 does not grant Parliament the power to determine or influence 30