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1992 Constitution Assignment

Assignment

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Perez Yeboah
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23 views4 pages

1992 Constitution Assignment

Assignment

Uploaded by

Perez Yeboah
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Review the chapter one to three of the 1992 constitution of the Republic of Ghana.

NB: in your own opinion what you think the flames of the 1992 constitution, what they

should have added or they should have removed from chapter one to three. Justify your

points

Introduction

A state’s main structure and administration are outlined in the constitution, which is a

collection of fundamental laws and regulations. Additionally, it includes fundamental

principles and guidelines that serve as a foundation for and guide all government acts. A

state’s broad organizational framework and governing principles are laid down in its

constitution. It also contains essential tenets and rules that underpin and guide all actions

taken by the government. Given the importance of a constitution and its role in creating the

framework that will guide and sustain the state, it is normal to anticipate that a constitution

will be long-lasting and very challenging to alter or abolish. Ghana’s highest law is governed

by the 1992 constitution. It was approved on April 28, 1992, with 92 percent of the vote in a

national referendum. It describes the structure, procedures, rights, and duties of the

government as well as the fundamental duties and rights of citizens. It contains 26 chapters,

including the preamble.

Chapter One of the 1992 constitution presents the “CONSTITUTION” itself. It presents the;

 Supremacy of the constitution

 Enforcement of the constitution

 Defence of the constitution

Chapter Two of the 1992 constitution presents the “TERRITORIES OF GHANA”. It presents

the;

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 Territories of Ghana

 Creation, alteration or merger of regions

Chapter Three of the 1992 constitution presents “CITIZENSHIP OF GHANA”. It presents

the;

 Citizenship of Ghana

 Persons entitled to be registered as citizens

 Dual citizenship

 Citizenship laws by parliament

 Interpretation

The following is a review of the chapter one to three of the 1992 constitution of the Republic

of Ghana, what should have been added and what should not have been added.

Article 7 of the 1992 constitution provides that;

1. A woman married to a man who is a citizen of Ghana or a man married to a woman

who is a citizen of Ghana may, upon making an application in the manner prescribed

by Parliament, be registered as a citizen of Ghana.

2. Clause (1) of this article applies also to a person who was married to a person who,

but for his or her death, would have continued to be a citizen of Ghana under clause

(1) of article 6 of this Constitution.

3. Where the marriage of a woman is annulled after she has been registered as a citizen

of Ghana under clause (1) of this article, she shall, unless she renounces that

citizenship, continue to be a citizen of Ghana.

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4. Any child of a marriage of a woman registered as a citizen of Ghana under clause (1)

of this article to which clause (3) of this article applies, shall continue to be a citizen

of Ghana unless he renounces that citizenship.

5. Where upon an application by a man, for registration under clause (1) of this article, it

appears to the authority responsible for the registration that a marriage has been

entered into primarily with a view to obtaining the registration, the authority may

request the applicant to satisfy him that the marriage was entered into in good-faith;

and the authority may only effect the registration upon being so satisfied.

6. In the case of a man seeking registration, clause (1) of this article applies only if the

applicant permanently resides in Ghana.

The candidate suggests that an addition should have been made to the above article to include

victims of war and refugees who have been in the country for 10 years and above. Reason

being that;

 The fundamental human rights of the person need to be protected irrespective of the

nation the individual finds himself

 Some of these refugees lost their families to war and famine, hence they have no

families to go back to

 To lower the burden of the government feeding them, giving them permanent

residence as citizens of the nation will help them to work and fend for themselves

Again, the candidate strongly believes that an exclusion of Clause 2 of Article 8 should have

been made. The said clause states that, “without prejudice to article 94(2)(a) of the

Constitution, no citizen of Ghana shall qualify to be appointed as a holder of any office

specified in this clause if he holds the citizenship of any other country in addition to his

citizenship of Ghana-

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 Ambassador of High Commissioner;

 Secretary to the Cabinet;

 Chief of Defence Staff or any Service Chief;

 Inspector-General of Police;

 Commissioner, Customs, Excise and Preventive Service;

 Director of Immigration Service; and

 any office specified by an Act of Parliament.

Reason being that, the merits of the said clause outweighs its demerits. These can be noted as;

 It provides the individual the right to obtain passports from either country of

citizenship.

 It creates a simpler procedure for individuals revisiting former homelands for

extended periods of time.

 It creates the opportunity to pursue employment opportunities in either country of

nationality.

 It improves the right to social benefits, to own land or property and to inherit assets

from either country.

 It creates the entitlement to convey nationality rights to offspring.

 It caters for those who feel equal alliance to both countries of origin

This to the best knowledge of the candidate will help patriotic citizens to serve their nation

when the need arises. So, persons with dual citizenship status should be allowed to hold such

positions as stated by law.

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