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By Francis Ameyibor, RNG
Accra, April 5
GNA – Professor Ransford Edward Van Gyampo, Department of Political Science,
The University of Ghana said Thursday that the 1992 Constitution upset the balance
power between the organs of government, the executive, the legislature and the
Judicial.
The balance of
power favors the executive in a way that undermines constitutionalism,
However, after more than 27 years of exploitation, Professor Gyampo claimed that the
The 1992 Constitution was a weak mechanism to curb the exercise of power.
Prof Gyampo
said at a conference between colleges on the 1992 Constitution and constitutionalism
in Ghana, organized by the College of Humanities of the University of Ghana.
The event was
chaired by Professor Samuel Agyei-Mensah, Dean of the College of the Humanities
brought together over 600 participants including professors and students from around the world
College of the Humanities, representatives of the political parties, actors of the civil society,
and media practitioners.
Prof Gyampo,
who is an badociate professor of political science and director of the center
for European Studies at the University of Ghana, said the theory of constitutionalism
postulated deliberate legal limitations placed on the powers and authority of
those who exercised the trust of the people.
He argued that
the idea of constitutionalism was all about checking or following up on the exercise
power to avoid dictatorship and abuse.
Even if
Professor Gyampo acknowledged that one of the mechanisms for promoting constitutionalism
was the existence of a constitution he quickly pointed out the fact that
the mere existence of a constitution does not necessarily guarantee
constitutionalism as certain constitutions.
He said the
Constitution of 1992, did not have the necessary mechanisms to control the
exercise of power, emphasizing that the Constitution is a neo-presidential law
arrangement that combines certain characteristics of the American and British president
Westminster Government Systems.
Have modeled
three different constitutions inspired by the two systems since 1960, there are
appeared the preference for constitutional hybridity in 1992.
Prof Gyampo,
said the president, had the overwhelming power of appointment and favoritism and
named "practically everyone" in Ghana.
He said the
The president had a say in the appointment of the officers he had not appointed directly.
"The government of Ghana is its government and composed of ministers, heads of boards of directors,
agencies, commissions, mayors and members of the State Council, it is the
appointing authority ".
In addition to
being the commander-in-chief of Ghana's armed forces, the honor fountain and
Mercy, the president, according to Professor Gyampo, was also at the origin of all the
legislations in Ghana and every law pbaded by parliament came from the
Presidency.
according to
Prof. Gyampo, Article 108 conferring on the President the exclusive right
tabling in Parliament bills with financial implications was not only
repugnant to Parliament's constitutional control over the stock market, but also rendered
president, the only legislator of Ghana, since "every bill has
financial implications ".
Prof Gyampo,
said that this had stifled legislative initiative, conferred the power to legislate
in the hands of the executive and also took into account the absence of
Private Member's Bill in Parliament since 1992.
He said that by
the hybrid arrangement, the president, was to appoint the majority of its members.
Ministers of Parliament and this power of appointment was exercised at the
disadvantage of the legislature.
"This
understanding, weakens the scrutiny role of parliament and leaves the executive power
unhindered in the sense that parliamentarians who are also ministers can not
question fellow ministers on the floor of Parliament as necessary because
they serve in the same government.
"Parliamentarians
who are also ministers have the collective responsibility of all governments
decisions and therefore are unable to criticize the government on the ground of
parliament, "he said.
He said little
The deputies who were not ministers also joined their colleagues
sing the praises of the government to take advantage of departmental results
Appointment.
"This practice
undermines not only constitutionalism but also weakens the representative
role of MPs and sacrifices the particular interest of their constituents for this
of the government in power, "he said.
according to
Prof Gyampo, it is difficult for the deputies who are also ministers to find the time to
to occupy parliamentary affairs; "These deputies are absent from the soil of
Parliament virtually at all times because of Cabinet meetings, travel also
as the formulation and execution of departmental policy ".
In this regard,
nor can they attend the committee meetings which constitute "the
parliament workshops. "
He added that
power of the President to surreptitiously appoint the Speaker of Parliament,
The majority of chiefs, clerks and members of certain parliamentary committees,
as well as the establishment of the Ministry of Parliamentary Affairs was hypocritical
provisions and practices that made Parliament subordinate to the President and
undermined the controls of the first on the last one.
GNA
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