Rule of Law

Ghana has had a chequered history in its quest for democratic governance and the rule of law. As has been demonstrated, the early days of independence showed how the judiciary failed to defend and protect the citizenry when the executive systematically detained and oppressed the population. However, the subsequent years witnessed a few cases where the courts stood up to executive and legislative overreach. Nevertheless, it has to be stressed that the abuses far outweighed the few cases of success and, therefore, much more still needs to be done to ensure that the gains in the area of democratic governance are safeguarded and consolidated. One major stumbling block involves the indemnity clauses in the 1992 Constitution. These provisions must either be removed or, in the alternative, a new Constitution for Ghana needs to be adopted.

Furthermore, the hybrid system where the legislature is virtually an appendage to the executive will be addressed. It is our belief that these and other measures will help safeguard and guarantee the success of a democratic governance system and the entrenchment of the rule of law in Ghana for generations to come.

Promoting Democratic Ideals

To promote democratic ideals and the rule of law, the 1992 Constitution provides for the separation of judiciary, legislative, and executive powers and the establishment of independent constitutional bodies, such as the Commission on Human Rights and Administrative Justice, to check abuses of citizens' rights. Ghana's progress in ensuring the rule of law is reflected in its World Justice Project Rule of Law Index ranking as the secondbest performer (after South Africa) in sub-Saharan Africa, at No. 44 out of 113 countries worldwide (World Justice Project, 2016).