KINGS UNIVERSITY COLLEGE, FACULTY OF LAW

COURSE: CONSTITUTIONAL LAW 1 (FLGUCC 103)

Lecturer: Nana Asamoah Tannor

Student: George Benneh Mensah (Level 200; LLB/LAW/22/03624)

Assignment

Constitution

Constitutional law is concerned with the role and powers institutions within the state and with

the relationship between the citizen and the state.

In the narrower sense, Constitution means a document having a special legal sanctity

which sets out the framework and the principal functions of the organs of government within the

state, and declares the principles by which those organs must operate.

In a broader angle, according to Professor K. C Wheare it means “The whole system of

government of a country, the collection of rules which establish and regulate or govern the

government.”

On his part Thomas Paine states:

“A Constitution is not the act of a government, but of a people constituting a

Government, and a Government without a constitution is a power without right….A

constitution is a thing antecedent to a Government; and a Government is only the creature

of a constitution.”
In the view of Paine therefore, the legitimacy of a government is derived from a Constitution and

any government formed outside of a constitutional framework cannot be a government properly

called. It is therefore the Constitution that determines the legality of a government’s power.

Classification of Constitutions

Written/Unwritten: The emphasis of this particular classification is whether the

constitution can be found in a single monolithic document or not. All constitutions have both

written and unwritten parts.

Rigid/Flexible: This is based on the rules for the amendment of the constitution. If it provides

special rules for its amendment then it is rigid if not it is flexible. Thus, whereas flexible

constitutions are relatively easier to amend, rigid constitutions involve elaborate processes for

amendment which may include a popular referendum. An example of a rigid constitution is the

1992 Republican Constitution of Ghana. The British Constitution is a flexible Constitution.

Unitary/Federal: This classification is based on the centralization or devolution of constitutional

powers. Netherlands and Nigeria are unitary and federal respectively.

Monarchical/Republican: This is based on the attributes of the head of state and it is a choice

between Constitutions that provides for a hereditary (monarchical) and if elected for which is

republican Constitution. In England, King Charles III is a constitutional monarch. Ghana and

Nigeria has a republican Constitution.

One party/Multiparty: In 1964, Ghana was declared a one party state (CPP). This looks at the

root of freedom of association within the constitution. If thus freedom is relatively unrestricted

then we have a multiparty constitution and where it is severely restricted we have single or one

party Constitution.
Unicameral/Bicameral/Diarchical: A constitution is unicameral if it provides for only one

legislature; where it provides two chambers for the legislature then it is bi-cameral. These

chambers are usually the upper house filled on the basis of other votes and the lower house filled

on the basis of lower votes. With diarchical, here the legislative power of the state is

distinguished between the legislature and the executive/president. Here where parliament passes

law, the president is involved but when the president passes law, no one is involved. So if the

constitution distributes power between two or more institutions then it is diarchical. For example,

president issuing an Executive Orders or Instruments may not necessary involve parliament but

parliamentary acts has to be assented by the president.

Presidential/Parliamentary/Hybrid: This focusses our mind on the relationship between the

legislature and the executive. Where the executive is answerable and controlled by the legislature

then it is parliamentary and where the executive is independent it is presidential. In Ghana, we

have a presidential constitution as our president is not answerable to the legislature and

controlled by legislature. A hybrid constitution is a constitution which combines both the

parliamentary and presidential element. For example 1969 Constitution of Ghana.

Classification of the 1992 Constitution of Ghana

It must be emphasised that the classifications provided are not exclusive. None of the

classifications present a comprehensive picture of Constitutional set up as each normally

highlights certain aspects of a Constitution. A constitution may contain more than one aspect of

the various classifications. From the discussion of classification above some conclusion can be

reached about the characteristics of Ghana’s Constitution. The Constitution can be said to be

largely written and supreme, that it contains both rigid and flexible procedures for amendment, it
is unitary structure, contains provisions on separation of powers as well as check and balances, it

is presidential, unicameral and multiparty.

References

Wheare, K. C. (1966). Modern Constitutions (2nd Ed.). London: Oxford University Press.

Paine, Thomas, 1737-1809. (1975). Thomas Paine's Common sense: the call to independence.
Woodbury, N.Y: Barron's Educational Series, Inc.

Constitutions of Ghana, 1964; 1969 & 1992.