OUR CONSTITUTION, DEMOCRACY AND NATION BUILDING

A constitution can be defined as a set of rules and regulations, used for the administration
and management of a country. It is the fundamental law of the land. That is to say, it is the
supreme or highest law to which all other laws must conform.
A constitution refers to the supreme laws, rules, obligations, regulations upon which the
country is governed
or
The term constitution refers to a set of rules and regulations that are used in the management
and administration of a country
Constitutional rule refers to the governance in which the procedures connected with the
management and administration of a country are based on the rules and regulations regarded
as the fundamental laws of the land
or
A constitutional rule is a system of governance that recognizes the constitution as the
ultimate basis for the administration and management of all affairs of the state
Constitutional Rights are the privileges that citizens of a state enjoy as provided by the
constitution. They include the natural rights, economic rights, social rights, political rights
etc.
Representative government refers to the type of democracy by which the electorate are
given the chance to choose or elect their leaders and entrust the powers of government into
their hands.

SOURCES OF CONSTITUTION
1. Statutory sources or Parliamentary Acts: This is one of the major sources of a
country’s constitution. They are formal laws made by parliament, which can become
accepted as fundamental law of a country.
2. Customary sources: this is where the constitution is based on practices, customs,
precepts, usages and conventions, which are behaviors accepted as rules.
3. Judicial Precedence, reviews and case laws: it is a practice in which decisions of the
courts and decided cases by the courts are made to form part of a country’s constitution.
4. Previous constitutions: Another important source of the writing of a new constitution is
where reference is made to previous constitutions when a new one is being drawn
5. Works of renowned Authors: Works of renowned authors can also form part of a
constitution. these are textbooks, treatise (a written work dealing formally and
systematically with a subject), etc. written by experts such as Albert Venn Dicey, Baron
Pierre de Montesquieu, John Austin, etc.
6. Decrees: These are laws made by military government which are accepted as relevant in
addressing current needs of the people and therefore included in the new constitution
being drawn.
CLASSIFICATIONS OF CONSTITUTION
Constitutions can be classified into four categories, and they are the following:
1. Written and Unwritten: This is a classification based on whether the laws have been
documented or not.
2. Rigid and Flexible: This borders on the amendment procedures and it is where the laws
can easily be amended not.
3. Federal and Unitary: This borders on the basis of sharing power, whether power
belongs to federal units or the central government.
4. Monarchical and Republican: This borders on the area of the location of power. It is
whether power resides in one person based on hereditary as pertained in chieftaincy or in
the hands of representative government.
WRITTEN CONSTITUTION
A written constitution is the one in which the legal rules for the administration and
management of a country have been written down in a single document. Countries that have
written constitutions include U.S.A., Ghana and Nigeria.
MERITS/ADVANTAGES OF A WRITTEN CONSTITUTION
1. it makes for certainty and clears doubts:
This is one of the greatest advantages of a written constitution. Since the provisions have
been documented, they create certainty and avoid doubts, as the document can be
consulted to know the basic rules, that are used to govern the country.
2. It establishes and determines the organs, institutions and processes of government of
a country: It is the written constitution that establishes the three organs of government
and determines the functions of each organ. It also establishes an important institution
like the Commission for Human Rights and Administrative Justice.
3. Citizens know about their rights and obligations and the extent of powers of the
government.
Since the provisions have been codified, citizens become aware of the rights that they
have to enjoy and their obligations to the country. They also become aware of how the
government is expected to rule the country.
4. It serves as a symbol of statehood:
A written constitution serves to portray that a country has gained her freedom or
independence from her colonial master.
5. It ensures that the interest of minority groups are adequately protected:
A written constitution ensures in its provisions that, minority groups such as small ethnic
communities, religious groups, physically handicapped etc. are not discriminated against.
6. It determines the nature of the relationship between the organs and institutions and
citizens:
 A written constitution states clearly the relationship among the three organs of
government, the relationship between the organs and institutions such as the Commission
on Human Rights and Administrative Justice, the relationship between the organs,
institutions and the citizens, whose interest they are to serve.
7. It ensures periodic and peaceful change of government:
A written constitution specifies the term of office of government and defines procedures
for the change of government. These periodic elections are held for the electorate to
renew their mandate for or reject the ruling government.

DEMERITS/DISADVANTAGES OFA WRITTEN CONSTITUTION

The following are demerits of written constitution:
1. Difficult amendment procedures:
This is one of the major disadvantages of a written constitution. The rigidity of a written
constitution does not allow changes to be made easily in entrenched provisions. A written
constitution is therefore, not adaptable to modern trends.
2. Strict interpretation:
A written constitution suffers from strict interpretation of the provisions. This controversial
nature of the constitution may not allow for easy interpretations and this may lead to a
stalemate in the workings of the organs of government and the administration of the country.
3. It cannot stand the test of time:
Since a written constitution does not allow for easy change of provisions, a time will come
when these provisions will become outmoded, outdated and useless.
4. It slows down the administration of the country:
The numerous checks and balances provided to act as a check on the various organs of
government slow down the processes of government. This is more felt in times of
emergencies.
UNWRITTEN CONSTITUTION
An unwritten constitution is the one in which the rules and regulations, which form the
fundamental laws that are needed in the administration and management of a country, have
not been codified into a single document. Countries that have unwritten constitutions include
Britain, Israel, Libya and Saudi Arabia.
MERITS/ADVANTAGES OF AN UNWRITTEN CONSTITUTION
1. it is flexible: This is one of the major advantages of an unwritten constitution. An
unwritten constitution is flexible and the flexibility makes it adaptable to changing trends.
2. It can stand the test of time: As the flexible nature of an unwritten constitution makes it
adaptable to changing trends, it makes room for the changing needs of the people.
3. It is resilient: An unwritten constitution is regarded by many experts as a shock absorber.
This is because its flexible and elastic nature enables it to recover from shocks that may
have destroyed it if its provisions were codified.
4. It tolerates all shades of public opinion:
The flexible and elastic nature of the unwritten constitution allows for the tolerance of diverse
interests, political views etc., that may exist in the country.
DEMERITS/DISADVANTAGES OF UNWRITTEN CONSTITUTION
The following are the demerits of unwritten constitution:
1. The rights and liberties of individuals are infringed upon:
Since the rights and liberties of individuals have not been entrenched, it is easy for other
individuals to trample upon them.
2. It promotes dictatorship:
The flexibility and the elasticity of the unwritten constitution means that, individuals,
especially the ruler, can manipulate it to suit his whims and caprices.
3. It lacks direction and promotes confusion:
Since the unwritten constitution is flexible, individuals give different interpretations to its
provisions. This lack of certainty creates confusion in the country.
4. It has no defined political ideology
Without a written document, it is difficult to identify and assess the nation's political ideology
which defines the values of society.
IMPORTANCE OF A CONSTITUTION
The following are the importance of a constitution
1. It establishes the organs of government:
This is a major reason why a constitution should exist. A constitution establishes the
organs of government, the executive, the legislature and the judiciary, which are needed
in the administration of a country. It also establishes institutions such as the Electoral
Commission, Civil Service, the Commission for Human Rights and Administrative
Justice.
2. In prevents dictatorship or arbitrary rule
The use of a constitution to govern a country helps to limit the powers of people in
authority from ruling according to their own understanding or interests. It regulates
behaviors and actions of leaders and sets limits and functions of each organ of
government to prevent dictatorship or arbitrary rule by government.
3. It establishes the organs and agencies of government
The constitution helps to create the various organs of government and agencies or
institutions which are used in managing and administering the country. These organs of
government include the Legislature, Executive and Judiciary. It also gives provisions for
the establishment of agencies or institutions of government such as the Electoral
Commission, Media Commission, Commission on Human Right and Administrative
Justice.
4. It allocates the powers and functions of the organs and agencies of government
The constitution helps to allocate the constitutional powers and functions of the
Legislature. Executive and Judiciary. It also allocates powers to the Electoral
Commission, Commission on Human Right and Administrative Justice (CHRAG),
National Commission on Civic Education (NCCE), Media Commission etc. This helps to
 prevent conflict of jurisdiction among the organs and the agencies or institutions of
government.
5. It protects the fundamental human rights and freedoms
The constitution helps to safeguard or protect the fundamental human rights and freedoms
of citizens of a country. These fundamental rights such as the right to life, right to fair
trail, right to personal liberty etc. are clearly written and entrenched in the constitution so
that a government or agency of government cannot easily change them to suit its interests
or directions. It also makes citizens become aware of their rights and freedoms and
equally fight for them against possible violations by others. The duties of the citizens are
also known through the use of constitution.
6. It provides the basis for smooth transition of government. The constitution helps to
establish a mechanism for a new government to be elected and also ensures a peaceful
change of government through well-established electoral procedures, It helps to establish
the life span of a government. It prevents citizens from changing a government through a
coup-d’état or revolution when they are not happy with its style of governance and this
helps tb ensure political stability of a country.
7. It ensures the legitimacy of government and authority
The constitution gives the procedure for a state to elect and appoint people in government
and once the constitutional provisions have been used, it makes the authority of the
elected or appointed officials duly recognized and legitimate, The constitution confers on
them the power and authority to rule and work for the interest of the nation. This makes
the citizens accept the people of government as their leaders.
8. It serves as a symbol of statehood
A constitution portrays a sovereignty of a state and serves as a feature of democratic and
independent state. It is needed to review the status of a nation and gives a fresh start of a
country. especially when a nation is granted freedom from colonial rule, revolution or
military rule. It enables a new form of government to be adopted in a country after
independence.
9. It helps to protect the interest of the minority group
The use of the constitution to rule a state ensures that every person is respected and
treated equally irrespective of their class, color, religious belief, gender etc. It helps to
protect the interest of the minority group and gives them equal platform and access to
information of national interest. participate fairly in the legislative process by
representatives and have a fair share of national socio-economic development in the
country.
10. It helps to promote orderly society and certainty of rules and regulations.
An existence of the constitution helps to follow laid down procedure to administer or
govern a state. It ensures constituency when dealing with issues involving different
interpretations and opinions. It gives a fair and orderly presentation of ruling on disputes,
distribution of national resources, spending and generating of national income by the state
officials etc. This prevents conflicts or misunderstandings between people and state
officials or among citizens of the state.

FEATURES OF DEMOCRACY AND CONSTITUTIONAL RULE

For a country to be recognized as democratic, these conditions must exist:
1. A representative parliament
In a democratic country, there is invariably a representative parliament composed of
 members who are elected by the people on the basis of universal adult suffrage with their
mandate to represent them in parliament.
2. Regular and competitive elections
In a democratic country, opportunities exist for effecting a change of government through
the ballot box. There are periodic elections for the electorate to either renew their
mandate for the ruling government or change it.
3. Existence of opposition
There should be in existence a political opposition in parliament, which will
constructively criticize the government to put it on its toes.
4. Existence of several political parties
Democracy thrives on a multi-party system. The decision of the majority is normally
respected, while the views of the minority are also considered. It gives the electorates
many options to choose from when electing their representatives.
5. Recognition of fundamental human rights
In democratic governance, the fundamental human rights of individuals are recognized
and respected. This is to enable them enjoy life to the fullest.
6. Existence of democratic institutions
There exist in a democratic country, various institutions and mechanisms, that is, public
complaint bodies, CHRAJ, DOVVSU and Police which support the democratic system by
safeguarding the rights and liberties of individuals.
7. Equal opportunities for all
Democracy provides equal opportunities for all in the participation of the political
activities of the country. Individuals have equal chance and eligibility to hold an official
position, provided the basic requirements are fully met.
8. Tolerance of varied opinion
Democracy guarantees the tolerance of all shades of opinions, because there exist in a
democratic country different political parties and different ethnic groups.
9. Existence of the principles of separation of powers and checks and balances: There
exist in a democratic country the principle of separation of powers and checks and
balances to ensure that none of the organs of government becomes so powerful to
encroach upon the rights and interests of individuals.
10. Existence of the Rule of law
The rule of law exists in a democratic country to ensure that the rulers administer the
country by applying the fundamental laws of the country and not as they deem fit.
11. Existence of an independent press
Under a democratic dispensation, the press both electronic and print is absolved from
governmental and other influences to enable it criticize the government constructively to
put it on its toes and to safeguard the rights and liberties of individuals.
12. Existence of an Independent judiciary
In a democratic country, there exist an independent judiciary; that is, judges are absolved
from governmental and other influences to enable them discharge their duties without fear
or favor.
DEMOCRATIC ASPECTS OF TRADITIONAL SYSTEM OF GOVERNMENT
The following are democratic aspects of traditional system of government:
1. Ascension to the throne
In traditional societies, the traditional ruler or chief is nominated and enstooled or enskinned
in accordance with customary procedures. The person is selected from the royal family by
recognized king makers. He is shown to the members of the public to express their approval
or otherwise. The people's approval is an indication of giving their mandate to the chief to
govern them. This makes him answerable or accountable to the people in line with
democratic principles.
2. Constitutionalism
In line with democratic principles, where the head of state administers the country according
to the fundamental laws of the land, the traditional ruler or chief does not administer his
community according to his whims and caprices but administer his community in accordance
with laid down procedures and conventions, which are in the form of unwritten customs and
traditions.
3. Traditional Cabinet
Like the democratic president who performs his activities through parliamentarians,
ministers, District Chief Executives, assemblymen and the like, the traditional ruler or chief
administers his community with the assistance of his council of elders, sub-chiefs, linguists
and queen mother.
4. Swearing an oath of allegiance/Accountability
The traditional ruler or chief, like the democratic head of state appears in the presence of his
subjects and wielding the traditional sword, pledges his allegiance or loyalty to them. He
swears an oath to rule his subjects in accordance with the customs and traditions of the
community. This makes him accountable to his subjects and it is for this reason, that if he
fails to govern his subjects according to laid down procedures, efforts are made to destool
him.
5. Open Representative forum
Like democratic governance, where parliament exists for the people to address issues and
take decisions, the traditional system of government provides a forum for the people to
discuss issues and take decisions. The chief and his elders will occasionally meet the people
and together, they will take decisions on matters affecting the community.
6. Impeachment
A chief or traditional ruler who falls out of favour with his subjects may be removed from
office. But like the democratic president, he is given the opportunity to defend himself
against the charges, that have been preferred against him.
CONFLICT AREAS INHERENT IN DEMOCRATIC SYSTEM OF GOVERNMENT
In democratic governance, there are bound to be conflicts between the government and
certain groups of people. The conflict areas are:

1.Conflict between the government and opposition/minority.

2. Conflict between the Executive and the ruling party.
3. Conflict between the Executive and the legislature.
4. Conflict between the state and individuals.
 Conflict between the government and opposition
In the practice of democracy in Ghana and elsewhere, the ruling government and the
opposition do not agree on certain issues. More often, the government in power will not
accept or tolerate the views of the opposition. In much the same way, the opposition will
criticize the policies and programmes of the ruling government, whether they are good or
bad.
Conflict between the executive and ruling party
This is the case where members of the Executive do not perform their duties in accordance
with the manifesto of the party. In reaction to this, members of the party, especially the youth,
will constitute themselves into a reform movement and oppose them.
Conflict between the executive and legislature
The executive and the legislature are two different organs concerned with the administration
of the country. Sometimes, the executive and the legislature may not agree on certain issues.
Each of the groups may want to control the other. The legislature may refuse to debate on a
bill proposed by the executive and the executive, headed by the president, may refuse to sign
a bill debated upon by the legislature into law.
Conflict between the state and individuals
The state represented by the government and individuals may not agree on certain issues. The
government's refusal to give better wages to workers may result in strike actions. The
government's introduction of taxes may result in demonstrations by the people. Another area
of conflict is, when the government decides to discriminate against a particular ethnic group
as a result of previous experience. Members of this ethnic group will never be happy with the
government.
WAYS OF RESOLVING CONFLICTS IN DEMOCRACY OR CONSTITUTIONAL
RULE The ways of resolving the conflicts inherent in the democratic system of government
include:
1. Free flow of information
Since some of the conflicts inherent in democratic governance are due to lack of
information, there must be free flow of information, so that, individuals will understand
issues better. There must be frank discussions between the government and the opposition
or minority and the entire population on certain national issues, so that, the people will
understand why the government is taking certain decisions.
2. The doctrines of separation of powers and checks and balances must be strictly
applied
To avert conflicts in democratic governance, there is the need to apply strictly the
doctrine of separation of powers and checks and balances, so that, each of the organs of
government will know and act within the limitation of its powers, in the administration of
the country.
3. Appointments should be guided by the constitution
The mode of appointment of people to certain official positions should be guided by the
spirit and letters of the constitution. This will help to allay feelings among some ethnic
groups that they are discriminated against, when it comes to appointing people for official
positions.
4. There should be press freedom
The press, both electronic and print should be absolved from governmental and other
 influences, so that, it can constructively criticize the government to put it on its toes. Press
freedom will also afford the people the opportunity to express their views on government
policies and programmes.
5. Seeking the views of the people
The views of the people must be sought on important issues, so that, government's final
decisions on such issues will reflect the will of the entire population. This will prevent
strike actions and demonstrations on the part of the people.
6. There should be a true picture of the economy
The government must give a true picture of the economy by telling the people what is
actually happening, in terms of the problems of the country and the measures it is
adopting to solve these problems.
WAYS OF ENSURING/ SUSTAINING DEMOCRACY
1. There should be in existence the doctrine of separation of powers
To ensure democracy, the doctrine of separation of powers should prevail. Separation of
powers is a political doctrine in which the three organs of government, the executive,
legislature and judiciary are made independent of one another in terms of their powers,
functions and personnel. This will minimize conflict and promote specialization and
efficiency in the administration of the country.
2. There should be checks and balances
Democratic governance will be ensured by applying the principles of checks and
balances, which is a political doctrine that expresses the need for each of the organs of
government to exercise some degree of checks on the powers of the others in their
functional aspects. This will ensure that, none of them gets out of control to infringe upon
the rights of individuals, whose interest these organs exist to protect.
3. There should be rule of law
Rule of law is another major means by which democratic governance can be ensured in
country. The rule of law means that, in all matters, persons must apply the laws of the
land and not as they deem fit. This means that if those in authority administer the country
by applying the fundamental laws of the land, they will be helping to promote democratic
governance in the country.
4. Tolerance of each other's views
Democracy also thrives on tolerance. Since there is the existence of different political
parties with varied manifestos, there are bound to be different shades of opinions. This
therefore suggests that the government must tolerate the views of the opposition or
minority and vice versa.
5. There should be dialogue
Democracy can be promoted through dialogue. There should be frank discussions between
the government and the opposition or minority, when there is a misunderstanding. This will
help these two groups to resolve their differences, to prevent the escalation of the problem.
6. Intensification of political education
For democracy to gain grounds in a country, there is the need to educate the people on
democratic issues. This will help the people to be in tune with the practice of democracy.
This political education can be undertaken and intensified by the mass media, both
electronic and print media, political parties, the National Commission on Civic Education
and other organizations.
7. The independence of the Judiciary
Democracy will become rooted in a country if the judiciary is absolved from
governmental and other influences. Judicial independence backed by the power of judicial
 review will enable judges discharge their duties without fear or favour. Judges will try
cases with all the impartiality that they command.
8. The independence of the press
The independence of the press is a necessary ingredient for the practice of democracy in a
country. It is where, the press is absolved from governmental and other influences, so
that, the press can be in a better position to criticize the ruling government constructively
to keep it on its toes.
9. Free and fair elections
There should be periodic elections for the electorate to renew their mandate for the ruling
government or reject it. The Electoral Commission should ensure that the elections that it
organizes are free and fair. A free and fair election is the election in which political
parties operate on a level political field and whose results are accepted by all political
parties involved
PROBLEMS/CHALLENGES OF DEMOCRATIC GOVERNANCE IN GHANA
The following are the problems of democratic governance in Ghana:
1. Conflict between Executive and the legislature
one of the major problems or challenges of democracy in Ghana is the conflict between
the executive and the legislature. The executive and the legislature may not agree on
certain issues. the legislature may try to pull the legs of the executive in the vetting of
ministers. The executive head, that is, the president on the other hand, may refuse to sign
a bill debated upon by the legislature into law.
2. Irresponsible use of the mass media
Another major problem or challenge of democratic governance is when people take
advantage of the liberality of society and use the mass media irresponsibly. This is
twofold. One is when the government uses the state-owned press to castigate the
opposition or minority. The second is when the opposition or minority and other groups
who feel they do not have access to the state-owned press use the private press to make
irresponsible comments about the ruling government.
3. High illiteracy rate
High rate of illiteracy also acts as a stumbling block to democratic governance in the
country. As a result of illiteracy, many people have become ignorant and incapable of
understanding the issues involved in the practice of democracy. Politicians, therefore,
capitalize on the ignorance of the illiterates and persuade the latter to vote for them during
elections, this often results in the choice of incompetent persons into government.
4. Undue interference of the Executive on independent institutions
The ruling government has always been using its authority, to influence the activities of
institutions, which have been set up as independent bodies to institute public
investigations into the performance of duties of people who hold official positions
especially, members of the executive. These institutions, which include, the Commission
on Human Rights and Administrative Justice and the Economic and Organized Crime
Office have been so much influenced that, they have become helpless to bite the finger
that feeds them.
5. Poverty
Poverty among the people has always been a major problem confronting democratic
governance in the country. As a result of poverty, people sell their votes, that is,
politicians influence people with money to vote for them during elections. This problem
is more serious during the primaries of political parties.
6. Misuse of incumbency
The democratic system of Ghana has been subjected to violations and abuses of power by
 the ruling government especially during election periods. It misuses its power of
incumbency to interfere in the affairs of independent states institutions such as Electoral
Commission. It overuses state-owned media, state vehicles and state funds for political
campaigns and rallies to the disadvantage of the other opposition parties. Such practice
works against free and fair election and disrupts the democratic governance in Ghana.
7. Interference of the executive in the affairs of independent institutions
Institutions such as Electoral Commission, Judiciary, Commission of Human Right and
Administrative Justice (CHRAJ), etc. have been set up by constitution and are guaranteed
to perform their constitution functions independently for the purpose of democracy.
However, these independent institutions constantly influenced by the ruling government
in favour of its policies and decision at the expense constitutional orders of the country
and this makes them ineffective in discharging their non-partisan duties
8. High Financial demand of democracy/Economic challenges
The economic condition of Ghana makes it difficult to finance certain institutions
adequately to perform their constitutional mandates effectively and independently. For
instance, the electoral commission is inadequately financed and therefore not able to
implement good programmes, employ quality official and other systems that work to
improve democracy. Because of expensive nature of democracy, Ghana is limited in
certain important resources required to facilitate the practice of democratic governance.
9. Bribery and corruption
Democratic governance in Ghana is highly chastised and undermined because of attitude
of corruption and bribery that are associated with state officials, President and other civil
servants. State contracts are carelessly awarded, state funds are diverted by state officials
for their personal gains, unqualified people given essential positions for money without
any sense of patriotism. Moreover, because the President is immune by the constitution,
he tends to mishandle and embezzle the state funds at the pretence of infrastructural
development.
REASONS FOR THE FAILURE OF DEMOCRACY IN MOST WEST AFRICAN
COUNTRIES
1. High rate of illiteracy
Most West African countries are characterized by high number of people who cannot read
and write. This limits their abilities to contribute significantly to the success of democracy
because of not having understanding on political and national issues. they lack the ability of
subjecting issues, actions and policies of the government accountable to its manifesto, the
constitution and themselves as electorates. This creates an environment for the leaders to
abuse the rights, breach the constitution and put up behaviours that undermine democracy.
(ii) Intolerance of dissenting views
Political intolerance hinders the success of democracy in most African countries, In most
cases the leaders fail to appreciate the dissenting views of the opposition groups. It is also
very rare to see opposing groups appreciating or accepting policies and decisions of ruling
government. Such environment causes people who criticise the government to be intimated
by the ruling government and disrupts the principles of democracy in West African countries.
(iii) Religious and ethnic differences
Extreme ethnic sentiments of citizens of most West African communities due to ethnic
differences negatively work against the practice of democracy in West Africa. Most people
are strongly influenced by their ethnic affiliations and do vote for people related to their
ethnic affiliations irrespective of their competencies. It also makes people become
discriminated in terms of sharing national resources, employment positions, promotions,
appointments, etc. and this undermines the practice of democracy.
(iv) High rate of poverty/ Low level of economic development
Extreme poverty and poor living conditions of some people in West Africa communities
work to disrupt the practices of democracy in West Africa. This condition makes citizens
become frustrated and distant themselves from active participation in governance. They
sometimes exchange their votes for money and other items. Others also refuse to exercise
their political right during elections because they live under poor conditions. Most citizens
also find it difficult to seek redress at law court when their rights are abused because of lack
of money to pay the services of lawyers.
(v) Desires of leaders to entrench themselves
Most West African leaders are power conscious and refuse to hand over when term of office
expires. They adopt any possible means to ensure that their government is retained in power
during general election. This makes them result to rigging elections through vote buying,
abuse of incumbency, declaration of the state as one-party system, etc. just to entrench
themselves. All these undermine the success of democracy in West African countries.
(vi) Military interventions in politics
Most West African countries have experienced the intervention of the military to overthrow
the ruling government. Because the military frequently interferes in politics through coup
d'état, the process of free and fair elections to change governments peacefully is not achieved
in most West. African countries. This makes the practice of democracy in most West African
countries undermined.
IMPORTANCE OF LEGISLATURE AS AN ORGAN OF GOVERNMENT
The main function of this branch of government is making, amending and changing laws in
the country
(i) It makes and amends laws (legislation)
The legislature is the law-making body in governance. It enacts laws to govern the state and
regulate the behaviour and institutions of the state. This is done by the members of parliament
representing the various constituencies in the country. This helps to bring orderliness and
consistency in management and administrative powers of the society. In addition, legislature
also helps to amend and repeal laws that are considered outmoded and cannot be used to
achieve a significant purpose in the country.
(ii) Controls finance (acts as public purse)
The legislature makes sure that the state funds are judiciously used and accounted for by the
state officials and public institutions. It uses its powers to authorize the raising and spending
of state funds for any function, projects or donations. That is, the state annual or
supplementary budgets cannot be implemented by the finance ministry without its approval.
By the help of Public Accounts Committee of parliament, financial disciplined or sanity is
enhanced in the country. This helps to minimize the tendencies of state officials and public
institutions diverting or misusing state funds for their personal and unproductive projects.
(iii) An institution/platform for discussing grievances and issues of the country
Legislature provides the platform for problems and issues of individual constituencies to be
shared and addressed as representative members. It also uses its platform to criticize the
government policies and programmes that are not properly executed on the ground in relation
to education, health, employment, social interventions etc. Through this, the public is
involved and informed about certain actions of the government through their elected
representatives.
(iv) Deliberative functions
The legislature provides the forum for national and international issues to be debated or
discussed. As a result, legal implications and issues that borders on contempt are thoroughly
scrutinized by parliament before any action can be taken by government to implement a
policy or decision both within and outside the country. This helps to prevent the government
from breaching legal contracts or committing legal penalties.
(v) Judicial function
The legislature is empowered by the constitution to constitute itself into a law court to
impeach the president, vice president, members of parliament, as well as the judges of the
supreme court who misconduct themselves. Such action is taken in accordance with the
provisions of the constitution. Through this, state officials and members of parliament,
Judicial officers etc. make sure that every decision, action or programmes they undertake are
in accordance with the constitution to avoid impeachment by the legislature.
vi) Control over administration / Executive of the state
The legislature controls the executive to prevent abuse of executive powers. Decisions and
actions of the ministers, president etc. pass through the parliamentary debate for approval
before implementation. Appointments of ministers and other state officials are also controlled
by the parliament and therefore the approval or disapproval of any state official is needed
from parliament before he or she can be sworn-in officially. This process allows for proper
background checks to be made before a persons appointed to serve in any public office as
Minister, Ambassador, Chief Justice, etc.
(vii)Protection of individual rights
The legislature also acts as a watchdog to ensure protection for the right of citizens in the
country. Any violation or abuse of rights of people by any executive member, president of
public/private institution is seriously criticised by the members of parliament to bring sanity
and peaceful living in the country.
(viii) Creation of state institutions
The legislature is empowered by the constitution to establish state institutions that may be
needed to solve problems of the citizens and improve their welfare. Institutions established by
Acts Parliament includes public corporations, local government authorities, etc.
(ix) Electoral functions
The legislature is also empowered by the constitution to constitute itself into an electoral
college to elect a president. For instance, during the second Republic of Ghana, Akuffo Addo
was chosen as the president of Ghana by an electoral college constituted by the legislature,
the representative of the Regional House of Chiefs and District Councils.
(x) It serves as a platform for public opinion
The legislature functions as an important organ of government because it serves as a platform
for members of the public to air their views on the policies of the government. This enables
the government to know the views of the people so that, it can act according to the wishes of
the people.
BALANCE OF POWER
Balance of power is a political arrangement in which each of the organs of government
participates and is able to influence the activities of the others. It is achieved through the
principles of separation of powers and checks and balances. The aim is to ensure that none of
the organs of government gets so powerful and out of control to infringe upon the rights of
individuals, whose interest they all exist to protect.
THE DOCTRINES OF SEPARATION OF POWERS AND CHECKS AND
BALANCES
1. Definition of Separation of powers
Separation of powers is a political-doctrine in which the three organs of government: the
executive, legislature and judiciary are made independent of one another, in terms of powers,
functions and personnel. Or it is a constitutional principle designed to ensure that the
functions of government are performed by the three arm government namely the executive,
the legislature and the judiciary without any interference from each other. It was popularized
by Baron de Montesquieu.
2. Definition of Checks and Balances
Checks and Balances is a political doctrine that expresses the need for each of the three
organs f government to exercise some degree of checks on the powers of the others.

The Executive
The main responsibility of this branch of government is to execute or implement laws.
Functions of the Executive
1. The executive appoints the Chief Justices and members of the Supreme Court on the
advice of Council of State and Judicial Council respectively.
2. They formulate and implement government policies.
3. The president has veto (sole power) to declare state of emergency.

The Judiciary
The judiciary as a branch of government is responsible for the interpretation of laws and
punishing offenders.
Functions of the Judiciary
1. They interpret the constitution.
2. They settle disputes between individuals, groups and the state as a whole.
3. The Judiciary is the only body that can punish.
4. They are the custodians of the constitution.
 Mechanics of Checks and Balances
How each of the three organs acts as a check on the others.

1. Executive over legislature

i. The president can veto a bill that is passed by the legislature.
ii. The president has power to dissolve the legislature.
2. Legislature over executive
i. The legislature has the power to impeach the president and can also declare a vote of no
confidence in the executive.
ii. The appointment of the executive is subject to the approval of the legislature.
iii. The executive can raise taxes with approval from the legislature.
iv. The legislature can institute public investigation into the performance of the Executive.
v. The president presents a report to the legislature on how he has administered the
country.
vi. The agreements that the executive enters with other countries require legislative
approval.
3. Executive over judiciary
i. The executive may refuse to enforce the decisions of the judiciary.
ii. The executive can appoint and remove judges
iii. The executive may withhold funds to the judiciary.
iv. The executive can initiate a constitutional amendment that may not favour the judiciary.
4. Legislature over judiciary
i. In Britain, Lord Chancellor, is the head of the judiciary.
ii. The legislature can pass laws to regulate the organization procedures and the jurisdiction
of the law courts.
iii. The legislature can veto the appointment of judges and remove them by impeachment
5. Judiciary over executive and legislature
The Judiciary can use the power of judicial review to declare as unconstitutional an
executive or a legislative action, found not to be in the interest of the people.
IMPORTANCE/ADVANTAGES OF BALANCE OF POWER
The doctrines of separation of powers and checks and balances have these advantages:
1. They prevent tyranny and dictatorship
Since balance of power allocates different functions to the three organs of government and
each acts as a check on the others, none of the organs becomes too powerful to exhibit any.
abuse of power and arbitrary use of power.
2. They ensure individual liberties and freedoms
Balance of power, that is separation of powers and checks and balances works to ensure the
liberties and freedoms of individuals in a country. This is because none of the organs of
government becomes too powerful to encroach upon the fundamental human rights of
individuals.
3. They promote efficiency and orderliness
The workings of separation of powers and checks and balances bring about efficiency and
orderliness in the administration of the country. This is because the specialized functions of
government have been entrusted into the hands of experts, who operate within the framework
of the constitution.
4. They allocate functions to the organs of government
Balance of power serves to allocate specialised functions to the various organs of
government. The aim is to ensure that each organ performs its functions effectively and
competently. The executive is responsible for the implementation of polices and laws that
have been passed, the legislature is responsible for making laws and the judiciary is tasked to
interpret the laws that have been made by the legislature.
5. They reduce the work load of the organs
The task of administering a country is difficult for only one organ to perform. Balance of
power therefore, ensures that, this work load is reduced by allocating the task to three organs,
which perform the specialised functions in the administration of the country.

DICTATORSHIP
Definition of Dictatorship
It refers to the system of government established by one person who takes power by force.
Definition of Dictatorship
A dictator refers to a person who uses force to take and keep power in a country. He wields
absolute power, that is, all political power emanates from his will. He governs a country and
the people according to his whims and caprices. Example is a military ruler.

Features of dictatorship
Dictatorial governance is characterised by these:
1. It is the rule of one person.
2. The ruler is not accountable to any other authority.
3. The ruler uses force to get things done.
4. The ruler wields absolute power. He formulates and implements decision with very little or
without advice and consultation.
5. The ruler governs by decrees and not by the established laws of the country.
6. The ruler does. Not have a fixed or defined tenure of office.

WHY DEMOCRACY IS BETTER THAN DICTATORSHIP

The reasons why democratic governance is better than dictatorship are that dictatorship is
characterised by the following:
1. Suppression of Dissenting Views
One of the major reasons why democratic governance is better than dictatorial rule is that the
dictator does not accept any opposing views. Since he wields absolute power and he is the all
in all, his decisions are final. Nobody is allowed to express his views or opinions on the
decisions of a dictator. However, under democratic regime, individuals and minority groups
can freely express their views on government policies without fear of victimization.
2. Suppression of Human Rights (Human Rights Abuses)
This is another major reason why democratic governance is better than dictatorial rule. Since
the ruler wields absolute power and governs by decrees, he governs according to his
inordinate desires. He infringes and encroaches upon the rights and interests of individuals
with impunity. Individuals therefore, do not have the freedom to exercise their rights to
secure for themselves the fullest development of their personality and the enjoyment of life.
However, under democratic government, the people enjoy their rights because these rights are
enshrined in the constitution.

3. Discrimination
Democratic governance is better than dictatorial rule because in dictatorship not all members
are allowed to participate in democratic government of the country. The dictator will exclude
certain individuals on the basis of their educational background, ethnic affiliations, etc. Under
democratic government however, there is fair representation of all individual, end ethnic
groups in the legislature since the country is divided into constituencies from which the
representatives are chosen or elected.
4. Difficulty in Change of Government
Change of government becomes difficult in dictatorial rule as the dictator does not have a
fixed or defined tenure of office. More often, a change becomes violent and characterised by
assassinations, revolutions, foreign interventions, etc. However, under democratic
government, the constitution stipulates the term of office of the president and other officials
as well as the procedures for change of government which promote peace and security.
5. Lack of Accountability and Transparency
The absence of accountability and transparency on the part of the dictators makes democratic
governance better than dictatorial rule. Since the dictator has come to power by force, he is
accountable or answerable to no one. He governs without transparency. He therefore,
mismanages the economy and sinks the country into economic mess and indebtedness to
foreign countries and international financial institutions. Any attempt by the people to make
him answerable for his actions is ruthlessly suppressed. This situation is contrary to
democratic practices where state officials can be dragged to court for their actions.
6. Concentration of Power
Democratic governance is again preferable over dictatorial rule because in dictatorial regimes
there is concentration of power in the leader alone. The absence of political doctrines such as,
the separation of powers and checks and balances enables the leader to wield absolute power.
This gives him the chance to suppress opposing views and human rights of individuals.
7. Lack of Interest in National Affairs
The absence of free expression of views, opinions and free criticism of the ruling government
under dictatorial regimes does not encourage the citizens of the country to take much interest
in national affairs and participate in government. However, in a democracy the constitution
encourage active participation of the citizens in national affairs by protecting their rights to
vote and be voted for, join any political group of their choice etc.
8. Discouragement of Foreign Investment and Assistance
Dictatorship further discourages foreign investment and assistance. This is because no
sensible foreign investor will invest his capital in a country that is governed by a dictator who
does whatever he likes. Moreover, donor countries will hesitate in giving assistance in the
form of loans and grants to countries under dictatorial regimes. The reason being that the
ruler may misapply and may not give proper account of the assistance given.
WAYS OF PROTECTING THE CONSTITUTION OF GHANA.
1. Public education on the constitution
The general public must be educated and made aware of the value, the principles and
objectives of the constitution and the need to protect it as the fundamental law of the land.
The content of the constitution must be clearly explained to the citizens by National
Commission for Civic Education (NCCE)using the media, church places, community
gathering etc. for them to have adequate knowledge and understanding of the constitutional
clauses, articles and other provisions. Through this, people would be encouraged to defend
the constitution at all times and against all forms of abuse and violations.
2. Good governance
Good governance is another way of protecting the constitution of Ghana. The state officials
and civil servants should show commitment to uphold the supremacy of the law and adheres
to the applying force and intimidation to govern the country. This would create an
environment for citizens to appreciate the principles and objectives of the constitution and
make effort to defend it at all times as the highest law of the land.
3. Freedom and independence of the media
For the constitution of Ghana to be protected, all agents of the mass media must be free from
harassment, intimidations and other external control at all times to enable them uphold and
educate the public on the principles, provisions and objectives of the constitution. The
independence of the mass media would also guarantee the radio and television stations as
well as the print media and websites to hold the responsibility and accountability of the
government to the constitution to display its usefulness in human society.

4. Independence of the judiciary

The judicial organ of government must be guaranteed freedom and be guided by the principle
of rule of law to the provisions of the constitution. This would make citizens appreciate and
have hope in the constitution during process of conflict resolution or adjudication as the
highest law of the land and get confidence to seek for redress at the law court when their
rights are infringed upon.
5. Respect for Fundamental Human Rights
Respect for fundamental human right is another way of protecting the constitution of Ghana.
When rights are guaranteed by the constitution and protected by the institutions of
government, it makes citizens accept and recognize the constitution as the highest law of the
land and use it as a source of legal reference material.
6. Free and fair election
The Electoral Commission, which is a constitutional body, must organize every national
election in accordance with the electoral procedures and processes prescribed by the
constitution and other constitutional Instruments (CI). It must be made to remain independent
always to supervise and declare free and fair election to reflect the will and wishes of the
majority to ensure peaceful change of government. This is because, any deviation from the
guidelines of the constitution which will create suspicion, mistrust and lack of transparency in
the electoral process would give justifiable room for powerful groups to disregard the
constitution and take the law into their hands to resist the change of government through
violence. This must be avoided for constitution to reign supreme in the country.
7. Political tolerance
The political atmosphere in the country should be democratic and cordial enough to prevent
unhealthy political rivalry among the various political parties. People's expressions and
opposing views must be respected and tolerated by the government and other state officials to
prevent the counter expressions, detentions and violation of power by political leaders which
tend to breach the constitution as the highest law of the country.
8. Provision of legal aid
Citizens need to get access to legal counsellor or lawyer to give them legal assistance and
also defend them at the law court when facing trial. The poor people who cannot afford the
services of lawyers must be provided with free lawyers by the state to enable them seek for
redress at the law court. This gives citizens hope, confidence and trust in the constitution and
make effort to defend it as the highest law d the land.
9. Sensitization of the military
The military should be sensitized and educated to remain focused on performing their role of
protecting the constitution of Ghana against foreign invaders but not to plot a military coup to
overthrow constitution.
NATION BUILDING
Nation building is the process by which members of society make sustained efforts to
maintain unity and harmonious living, with the sole aim of improving upon their quality of
life or standard of living.
PROBLEMS WHICH HINDER NATION BUILDING IN GHANA:
1. Political apathy or indifference
Most Ghanaians show unconcern attitudes towards political issues and the decisions and
actions of the government. They fail to hold the government responsible and accountable to
its promises and the needs of people in the country. Some people also don't show up during
voting to help select right leaders. Others sell their votes for money and those with quality
leadership skills turn their back to issues of political interest for security and personal
reasons. This environment retards progress and makes the government abuses its
constitutional powers and engages in negative practices to disrupt the national unity and
enjoyment of quality life.
(ii) Uneven distribution of development projects in the country
Resources in the country are inadequate and therefore make it difficult for all regions to get
access to equal distribution of development projects. Some regions in Ghana receive major
development projects and others lagging behind in terms of quality road networks, water
supply, quality school facilities, employment opportunities, industries, quality health
facilities. The less developed regions feel cheated and discriminated against for not equally
enjoying their share of the national cake. This makes them raise concerns and express their
dissatisfactions through constant complains, demonstrations and boycott of national activities
which tend to disrupt the national unity and effort at nation building.
(iii) Display of ethnocentrism
Effort of Ghanaians to ensure nation building is also disrupted by the strong use of ethnic
sentiments by people towards national issues. They place ethnic interest above national
integration or unity. Some people use words of ethnicity to undermine the culture of others.
Other Ghanaians suffer discrimination in areas of employment, promotion, state appointment
etc. on the basis of ethnicity. This situation results in tribal rivalry and turns to divide the
nation instead of uniting people for progress and therefore disrupts the process of nation
building.

(iv) Existence of bribery and corruption

The existence of bribery and corruption issues among politicians, public servants and state
officials reduces the trust and confidence people have in leaders of this country. Acts of
bribery and corruption retards development, gives bad image to Ghana and lowers the quality
of life of people in the country. It makes some people enjoy greater share of national
resources at the expense of others. Attempts by the state to check corrupt politicians and state
officials also disrupts the unity and harmonious living in the country as people perceive it to
be witch-hunting against particular groups.
(v) Negative work attitudes
Negative work attitudes some workers in Ghana exhibit at work places tend to undermine the
effort of nation building. Some workers display attitude of laziness, dishonesty,
uncooperative behaviour and go to work late. This makes the national productivity at the
agricultural sector, manufacturing sector, service sector and extractive sector become low. As
a result, the income of the country meant for development or social infrastructural projects is
significantly reduced. This frustrates the efforts of the country to improve quality life of
people.
(vi) Mismanagement of resources
Nation building is not fully fulfilled in Ghana because most of the country's limited resources
are not properly managed by people of this country to ensure their sustainability. National
resources such as forest, minerals, water bodies, agricultural lands, skilled labour and other
capital resources are misused, mismanaged and wasted by the various users to cause them
less useful to support production and human life. State funds meant for productive projects of
the nation are also embezzled and misappropriated by some state officials. This tends to
affect the quality of life of people in Ghana.
(vii) Lack of long term planning
Nation building is hindered in Ghana because most of the development plans of this country
have not worked to get national problems solved. Our leaders have failed to initiate long term
policies and strategies that are appropriate to alleviate people from extreme poverty and gel
other socio-economic problems solved. This affects the development of the country and
hinders the country's efforts improve the quality of life of people.
(viii)Political intolerance
The unhealthy political atmosphere and political rivalry among the various political parties in
their efforts of struggling for power tend to disintegrate people and national unity making it
difficult to achieve nation building. Some people are humiliated, unduly attacked, insulted,
killed and others get their personality undermined by others all because of events of politics.
Political intolerance makes people develop hatred and turn against others as enemies. This
disrupts efforts of Ghanaians to achieve nation building.
(ix)Sabotage
Nation building in Ghana is also affected by attitudes of some bad and aggrieved people or
disappointed politicians in the society who decide to do everything possible to ruin the
national efforts at nation building. Such people pose threats and make other people feel
insecure to live and enjoy comfortable lives in the society. They rob properties of the state
and others get people raped and physically abused. Other people are also subjected to
frequent attacks of insults and all forms of humiliations which do not create conducive
atmosphere for nation building.
(x)Destruction of state property
The attitude of mishandling state properties by wicked people in Ghana tends to cost the
nation. It makes the government divert state funds meant for other production to replace them
when they get spoiled. People willfully set fires to destroy state resources, others paid to
vandalize buildings, vehicles and production tools and equipment of the state for personal
reasons. People also steal vehicles, raw materials, logistics and other resources of the state.
All these lead to unnecessary pressure on national budget and tend to disrupt effort at nation
building.
(xi) Illiteracy and low education
Low education and high illiteracy in Ghana undermine the national effort at nation building.
They limit the capacity of people to contribute meaningfully to the development of this
country. Most Ghanaians have low level of understanding on national issues and their
presence delay quick decision making. They also lack skills and knowledge on modern trend
of production as a result of their low education level. This leads to inadequate supply of
skilled labour to support production to improve the life of the people in Ghana.
THE ROLE OF THE INDIVIDUAL IN NATION BUILDING
The individual performs the following roles in nation building:
1. Fulfilment of obligations:
This is one of the major roles expected of an individual in nation building. The individual
must obey the laws that have been established to regulate the behaviour of individuals to
ensure good inter-personal relations (harmonious living). The individual must also fulfill
his tax obligations because it is the revenue which is gained from taxes that is used to
provide social amenities.
2. Eschewing tendencies of ethnicity:
The individual will be performing a major role in nation building if he does away with all
forms of ethnicity, ethnocentrism and nepotism. This is because by eschewing these
negative tendencies, positions to individuals will be made on the basis of competence and
qualification and not on the basis of ethnicity, political and religious affiliations which
will enhance productivity and hence revenue for development projects.
3. Being Loyal
Another major role expected of the individual in nation building is to be loyal to the state.
By being loyal, the individual is expected to protect the constitution of the country of
which he is a stakeholder at all cost. The individual is expected not to involve himself in
treason, divulge the secrets of the state or do other things which will undermine the
stability of the country.
4. Adopting positive work attitudes:
The individual will also be performing a major role in nation building by eschewing all
passive, negative and apathetic attitudes such as laziness, absenteeism, lateness,
malingering, pilfering. working lotto and sleeping at work. The individual should rather
adopt positive, tendencies such as dedication, hard work and a high sense of duty as these
promote national development.
5. Participating in Decision making:
The individual will be performing a major role in nation building by participating in
decision making at the community and national levels. He is expected to contribute his
ideas when fora are organised to deliberate on community and national issues. Moreover,
the individual is expected to take part in communal activities such as communal labour.
6. Prevention of crime:
The individual will again be performing a major role in nation building by helping law
enforcement agencies such as the police to combat criminal activities. The individual
should change his perception about the police and co-operate with police personnel in
their efforts to combat crime by helping in investigations and revealing the hide-outs of
criminals.
7. Protection of state property:
The role of the individual towards nation building will be enhanced if the individual
develops the culture of maintenance by handling the properties or assets of the nation
such as building machines, roads and vehicles responsibly and with care.
8. Upholding shared values:
The individual will be performing a major role in nation building by upholding the shared
values such as humility, tolerance, modesty, respect for the elderly and equals. The
individual will fostering good inter- personal relations resulting in harmonious living,
thereby promoting pea and unity in the community
ROLE OF DEMOCRACY IN NATION BUILDING/WHY DEVELOPMENT IS
MORE SUSTAINED WITHIN A DEMOCRATIC GOVERNANCE
Democracy fosters and ensures the following:
1. Constitutionalism
In a democratic country, the laws, rules and regulations that are to be used by the
rulers are clearly stated in a constitution and this compels the rulers to administer the
country in accordance with the provisions of the constitution and not as they deem fit.
The constitution therefore, prevents the rulers from becoming tyrants and dictators
and plunge the nation into state of anarchy.
2. Respect for individual rights
Democracy guarantees the individual the liberty and freedom to exercise his rights, to
secure for himself the fullest development of his personality, and the enjoyment of
life. This is because the fundamental human rights have been entrenched in the
constitution and there are institutions to ensure the protection and enjoyment of these
rights
3. Orderly transfer of power
A democratic system of government ensures smooth and peaceful change of
government, through the electoral system. In democratic governance, periodic
elections are held for the electorate to renew their mandate for the ruling government
or reject it. This brings about a peaceful transition in the governance of the country
which guarantees sustainable development.
4. Promotion of accountability and transparency
The periodic elections held under the democratic system of government serve to
promote accountability which requires transparency on the part of the rulers in the
administration of the country. This is because the elections remind them that, if they
do not govern the country well and satisfy the aspirations of the people, they will be
rejected in the next elections.
5. Exchange of ideas
Democratic society permits free expression of opinions, that is, individuals, groups
and organisations are allowed to give their opinions about issues. They are also
allowed to give constructive criticisms. This enables the government to come out with
better decisions to improve the socio-economic development of the country.
6. Interest in national affairs
The healthy competitions among political parties and groups of individuals, the free
expression of views and the free criticism of the ruling government enable the citizens
to take much interest in national affairs and participate in the administration of the
country.
7. Adequate representation of all
Democracy ensures that all identifiable groups in the legislature, including the
minority are adequately represented in the legislature. This is to enhance effective
discussion of national issues by the legislature.
CONVENTION
A convention is a customary or agreed or accepted way of doing things. Such an accepted
way has evolved from experience. It does not have the force of law but it is observed to
enable the system of government work more effectively.
 THE RULE OF LAW
Definition
The term rule of law, as formulated by A. Dicey, implies that in all things, all persons must
apply the law and not use any other means, force or violence to administer or manage the
affairs of a country. The rule of law therefore gives meaning to the fundamentality and the
supremacy of the law, which implies that all members of the executive branch of government
including the president, all public officials, members of parliament, judges and all citizens are
subject to the laws and must obey the laws of the state.
Features
The rule of law manifests in three basic principles and an additional feature namely:
1. Supremacy of the law
2. Equality before the law
3. The protection and enjoyment of fundamental human rights
4. The development of social and economic well-being.
Supremacy of the law
This means that the law is supreme and that no individual should be punished or face lawful
imprisonment except for a breach of the law, and the institution established to take charge of
this is the court of law. It also means that the law must be made known to the people. With
these, the use of discretionary powers by individuals of high position is eliminated.
Equality before the Law
This means that all men are equal before the law, irrespective of their status or social or
political standing. There should be no discrimination in matters relating to the fundamental
law of the land.
The protection and enjoyment of fundamental human rights
This third meaning of the rule of law is that, the constitution is based on the inalienable rights
of individuals that they cannot be deprived of, without justification.
Social and Economic well-being
This addition has been made possible by a conference held in New Delhi, India, in 1959.At
that conference, governments of countries were urged to see rule of law as also involving the
upliftment of the social, economic and educational development of individuals residing in
their countries.

REALIZATION OF THE RULE OF LAW / CONDITIONS THAT MUST PREVAIL

TO ENSURE THE OPERATION OFTHE RULE OF LAW
(i) Existence of an acceptable written constitution
Rule of Law requires a written constitution that can be easily referred to in all matters legal
considerations. This gives a guideline for consistency and orderly application of law.
Existence of written constitution prevents emergence of arbitrary rule and ensures adherence
to rule of law.
(ii) Existence of an impartial and independent judiciary
Existence of independent judicial system is required to ensure administration of justice. Rule
of law is properly applied when the court and other law enforcement institutions are free from
interferences from state officials, Executives and other individuals. It prevents the Judiciary
from discriminating against people in the performance of its duties.
(iii)Provision of civic education
To ensure smooth operation of rule of law, citizens must be educated on their civil rights to
be able to defend their rights. It makes people become enlightened on the types of rights
guaranteed by the constitution and appropriate place to seek redress when rights are violated.
(iv)Promotion of socio-economic development
Rule of law can also be achieved if the government undertakes facilities and projects such as
good education, recreational centres, water facilities, health centres and fairly distribute them
across the regions of the country. It helps to give people equal access to national resources
without discrimination. It also improves the social life of people in the country equally.
(v)Enforcement of fundamental human rights entrenched in the constitution
To ensure operation of rule of law, the fundamental human rights entrenched in the
constitution of the country need to be enforced by the judiciary to prevent any powerful
government from violating them to suit its interests. This would guarantee and protect the
rights of citizens so that they can enjoy them.
(vi)Existence of democratic institutions
Operation of rule of law requires establishment of democratic institutions such as the
Legislature, Judiciary, Executive as organs of government to manage the affairs of the
country. There must be existence of independent institutions such Commission on Human
Rights and Administrative Justice (CHRAJ), Department of Social Welfare, Domestic
Violence and Victims Support Unit (DOVVSU), etc. to defend the rights and support the
welfare of vulnerable people in the country.
(vii)Existence of free press
Free Press must exist to expose the wrong doings of state officials and other powerful people
in the country against other vulnerable people like widows, aged, children, women and
people with disabilities. It also creates a political environment for the media to criticise the
strategies and policies of the government particularly on those that are intended to
discriminate or infringe upon people's rights without fear of intimidation from government.
(viii)Amendment of the constitution and other laws when the need arises
The country can also review the constitution and amend the provisions that do not satisfy the
principles of rule of law operations. For instance, the powers given to the executive arm of
government can be reviewed so that too much powers would not be concentrated in the hands
of the president so as not to violate the laws. All other laws that do not conform to the
operation of rule of law can also be reviewed to make them effectively applied in the country.

FACTORS THAT PREVENT THE REALISATION OF THE RULE OF LAW

1. Delegated legislation
The rule of law cannot be realized in situations where institutions are given the authority
to make certain laws. The laws made by these institutions are not given enough publicity.
These laws, in addition to the already existing laws, confuse individuals.
2. Dictatorial rule/Military take-over
The rule of law is trampled upon when there is a military take-over. This is because the
military officers who take over the reigns of government set aside the laws of the land and
govern with decrees, which give them power to govern according to their whims and
caprices.
3. Diplomatic immunity
Enjoyment of diplomatic immunity by foreign diplomats is an affront to the rule of law.
Under this principle, ambassadors and their staffers are accorded special privileges
because they are not voluntary members of the country, they reside in. They are immune
against arrest and trial in ordinary law courts in their host country even when their actions
amount to breach of law.
4. Administrative tribunals
This also prevents the effective operation of the rule of law. According to the rule of law,
cases can only be tried in ordinary courts of law, but organisations establish tribunals to
try their offending members. This goes against the principles of rule of law.
5. Absence of judicial independence
The rule of law is undermined in situations, where judges come under the influence of the
executive and certain individuals and cannot perform their duties with the impartiality
expected of them.
STAKEHOLDERS OF THE CONSTITUTION
A stakeholder is an identifiable individual or group of individuals who have an interest in
something or an issue and may suffer or enjoy the benefits arising out of that something or
issue.
Stakeholders of the constitution are therefore, the identifiable groups or individuals who
have interest in the constitution. These stakeholders are the individuals who enjoy the
benefits arising out of the constitution and suffer if it fails.
The principal stakeholders of the constitution are the following:
a. the people (society as a whole)
b. the representatives of the people (president and parliamentarians)
c. the individual
Constitutional rights
Constitutional rights are the privileges that the various stakeholders enjoy under the
constitution. They include the following:
a. All citizens enjoy the fundamental human rights
b. The president cannot be sued for any official action.
c. Parliamentarians cannot be sent to court for what they say in parliament.
HOW THE RULE OF LAW HELPS IN NATION BUILDING
1. It protects and safeguards the rights of individuals:
The rule of law means that the rulers of the country administer the country by applying the
fundamental laws of the land and that they cannot resort to other means that will allow them
infringe upon the rights of individuals.
2. It expects the individual to act within the framework of the law:
The rule of law has been clearly stated to enable individuals know the laws of the land, so
that they will resort to these laws in their dealings with other individuals.
3. it puts in place socio-economic condition:
As the fourth meaning of the rule of law emphasizes the socio-economic well-being
individuals, government of a country is urged to provide her citizens with social amenities
that will improve their living conditions. These amenities include schools, clinics,
recreational centers, potable water, electricity, good roads to mention but a few.
4. It ensures stability in the country:
Since the rulers govern the country by applying the fundamental laws of the land, good
governance is ensured. Individuals therefore, become satisfied and content with their rulers,
leading to peace and stability in the country.
5. it enables the constitution to be in operation:
The rule of law insists that the rulers should govern the country according to the fundamental
laws of the land, and this helps the constitution to be in operation without any interruption for
the maintenance of good governance.

6. it enables the individual to know the laws of the country:

The rule of law explains clearly the laws that the ruler should use to administer the country,
and with this knowledge at his disposal, the individual will be able to fight against arbitrary
rule.

BREAKS IN CONSTITUTIONAL RULE IN GHANA

1966- The Convention Peoples Party was overthrown by the military and the National
Liberation Council was put in place.

1972- The Progress Party was overthrown and a military regime National Redemption
Council assumed the reigns of government.

1981- The Peoples National Party was overthrown and the Provisional National Defence
Council took over power.
CONSEQUENCES OF A BREAK IN CONSTITUTIONAL RULE
(i) There is lawlessness:
This is one of the major consequences of a break in constitutional rule. When the military
takes over the reins of governments, individuals especially, military personnel take the laws
into their own hands and misbehave. There is general looting of goods by military personnel
and civilians.

(ii) Arbitrary rule and dictatorship

Breakdown of constitution would result in arbitrary rule because the decisions, policies and
actions of the governing body would not be guided by principles of rule of law,
accountability and transparency, protection of human rights etc. Administration and
management of the affairs of the country would be based on personal whims and caprices of
the government and all aspects of life of the citizens would be absolutely controlled by the
government.
iii)Abuse/infringement/suppression of human rights
Breakdown of constitution causes fundamental human rights such as right to life, right to
personal liberty, right to fair trial, etc. to be curtailed and violated. People's assets would be
confiscated without compensation, press freedom would be restricted, people would be
unlawfully detained and tortured, and general freedom of people in the country would be
suppressed.
(iv) A halt in development projects
Development of project is one of the means citizens hold government accountable to its
constitutional mandate and authority. Where the constitution is not working, the government's
incentive to undertake developmental projects in the country would be lost. State funds would
not be properly accounted for or used for developmental projects. Corruption, embezzlement,
misappropriation of state funds would go on unchecked and not guided by law. These would
bring developmental projects such construction of roads, building of schools, hospitals, etc to
a halt.
(v) Disruption of economic growth
Breakdown of constitution of a country disrupts economic activities to retard economic
growth. Production of goods and services would be low because of unsecured economic
environment that would be created. Inflation would not be properly managed to lower cost of
living. Savings and investment would be low leading to low employment opportunities in the
country. Market activities would be slow. Wrong economic policies would be adopted and
general economic management would be affected to disrupt economic growth of the country.
(vi) No political accountability
When constitution of a country is suspended, no powerful instrument compels the ruling
government to remain accountable to the citizens. The government of such country would be
established not on constitutional orders and will take no orders or concerns from anybody.
THE CONDUCT OF ELECTIONS
Definition of election
Election refers to the process by which individuals vote to choose their representatives, who
will form the governing body. It provides means through which all qualified adults citizens
choose between rival political parties and ideologies or programmes. Therefore, it is an
occasion on which individuals compete for power.
Electoral System
An electoral system is an arrangement whereby members of the community elect
representatives either directly through voting or indirectly through electoral colleges.
TYPES OF ELECTIONS
There are several types of elections and they are direct, indirect, general and bye-elections.
1. Direct election
Direct election refers to, where all those who are qualified to vote, are allowed to vote for
candidates of their choice. In this, the voter goes to the polling station to cast his vote and
the candidate who gets the highest number of votes is declared the winner.
2. Indirect election
refers to where the electorate elect delegates ho in tern vote to elect candidate to fill
political positions. The most popular is the Electoral College system.
3. General elections
A general election refers to the election that is held throughout a country for the electorate
to elect the president or prime minister or their representatives to parliament or local
councils. It is held periodically in democratic countries. In Ghana, it is held every four
years, for the people to elect the president and parliamentarians.
4. Bye-elections
A bye-election refers to an election held for a person to fill a vacant seat in parliament or
district assembly in the event of the resignation, withdrawal or death of a member. The
elected member serves for the remaining term of the member whose seat is vacant.
IMPORTANCE OF ELECTIONS
Election performs the following functions:
1. It serves to select representatives
Elections serve as a mechanism through which the people elect representatives, who will
represent their interest. The representatives are the president and parliamentarians from the
majority and minority parties who will deliberate on issues in parliament to ensure the
welfare of the people, who have selected them.
2. It ensures accountability and responsibility
Elections offer the people the opportunity to hold their representative; that is, the head of
government and parliamentarians accountable and responsible for their actions. It is for this
reason that the ruling government stands the risk of losing the next elections if it fails to
administer the country according to the aspirations of the citizens.
3. It ensures peaceful change of government
Elections ensure a smooth change of government without violence. They are conducted to
enable the people renew their mandate for the ruling government or reject it. Elections
therefore, bring about a peaceful transition in the governance of a country.
4. It enables the people to take part in political activities
Elections provide the citizenry with the opportunity to participate in the political activities of
the country. In elections, individuals have the right to vote to choose their representatives or
be voted for to hold any political office of their choice.
5. It establishes legitimacy of government
Elections enable the people to give their mandate to the rulers to administer the country. The
powers that the rulers use to administer the country are given to them by the electorate. The
rulers of the country therefore, exercise legitimate power because they administer the country
with the consent of the people.
6. It helps to provide political education
Elections help to educate the people on political issues. Individuals become aware of the
socio-political and economic issues of the country through campaigns, lectures, symposia,
rallies, press conferences and debates that are organised by the various political parties. Party
manifestoes also provide the people with a lot of information.
PROBLEMS OF ELECTIONS
Elections are beset with these problems:
(i). Misuse of incumbency
One of the major problems of elections is, when the ruling government misuses its
incumbency by financing its campaign with state resources, while it denies the other
competing political parties the use of state resources. The ruling government also tries to
deny its opponents access to state-owned media for them to present their manifestoes to the
people and at times tries to put impediments in their way in the organisation of rallies.
(ii). It breeds disunity
Elections are more often, characterised by violence on the part of supporters of rival groups.
The supporters of these rival parties engage in acts that tear society apart. They prevent some
of the electorate from casting their vote and subject others to intimidation and brutalities.
(iii) Electoral malpractices
Elections may also be characterised by malpractices, leading to rigging. Some of the
malpractices are, allowing children who have not reached the voting age to vote, stuffing the
ballot boxes with already stamped ballot papers, removing ballot boxes from polling stations
before counting. All these prevent the conduct of free and fair elections, as political parties
may refuse to accept the results.
(iv) Influences over the Electoral commissioner
The pressures exerted on the Electoral Commissioner and his staff by competing political
parties may create problems. Some political parties may bribe the Electoral Commissioner
and his staff, the ruling government may intimidate them and all these may not allow the
Electoral Commissioner to be impartial. He will manipulate the electoral process to satisfy
the political parties from whom he has received bribes or will satisfy the ruling government
out of fear.
(v). It leads to entrenchment
Elections are sometimes used by the ruling government to entrench itself in power. A ruling
government which is desirous of remaining in power, may not preside over free and fair
elections. It may try to engage in acts that will swing electoral results in its favour.
(xi). Inaccessibility to certain areas
The inability of some voters to cast their vote because they do not get access to polling
stations may affect elections. It may happen that, a bridge linking villages to the polling
station may collapse. It becomes difficult for electoral officers to go to these villages or the
residents of these villagers to go to the polling station to vote. In this case, the results of the
elections will not reflect the true wishes of all the people.

HOW TO ENSURE FREE AND FAIR ELECTIONS

An election will be judged to be free and fair if the following conditions are met:
1). A revised voters register
One of the major ways of ensuring free and fair election is for the Electoral Commission to
put in place an up-to-date voters register that has registered all people who are eligible to vote
and has removed the names of aliens and those who are dead.
2). The use of transparent ballot boxes
To ensure free and fair elections, the Electoral Commission should provide transparent ballot
boxes. Electoral officers at the various polling stations should open the boxes and show the
inside to the people, before they place them on tables for people to cast their votes.
3. There should be public voting
An election can be said to be free and fair if voting is not shrouded in secrecy but the
electorate are allowed to cast their vote in the open, although they indicate their choice of
candidate in an enclosed booth.
4). The Electoral Commission should be independent
An independent Electoral Commission will also ensure free and fair elections. An impartial
Electoral Commission will not give in to the bribes and intimidations of the competing
political parties. it will therefore, conduct the elections in accordance with the spirit and
letters of the constitution.
5.There should be public counting of votes
Another way of ensuring free and fair election is that, votes should be counted in the full
glare of the voters and representatives of competing political parties. After the counting, the
representatives of the parties should be made to sign. Public counting of votes clears doubts
about the results collated at the various polling stations.
6. The use of Photo Identify Cards
A free and fair election will be ensured by the use of photo identity cards. The Electoral
Commissioner should provide every voter with a photo identity card and should insist that
voters are allowed to vote upon the provision of the identity card to check impersonation.
7. Equal access to state resource
There will be free and fair elections if political parties are given equal access to state
resources including the use of the state owned press both electronic and print, to make their
programmes and manifestoes known to the electorate. This will leave the competing parties
and individuals with no other option than to accepts the election results thereby preventing
post-election and insecurity.
8. The opportunity to challenge results in courts
An election will be free and fair if political parties are given the opportunity to challenge
electoral result in the country's law courts. Any political party which is not satisfied with the
declaration of results by the Electoral Commission should be given the chance to seek redress
at the law courts. The judges, who will preside over such cases, are expected to be impartial,
so that, they will perform their duties in accordance with the country's constitution
LOCAL GOVERNMENT
A local government refers to a semi-autonomous political administration, which has been
created and empowered by law to administer a local area.
Structure of the local government system
The present system of local government in Ghana is three tier. These are as follows:
a. The Ministry of Local Government
b. The District Assemblies
c. The Regional Co-ordinating Councils.
THE DISTRICT ASSEMBLIES
The District Assemblies are semi-governmental bodies that have been established by law to
administer the various localities in Ghana. Each District Assembly is headed by the District
Chief Executive.
FUNCTIONS OF THE DISTRICT ASSEMBLY
1. it is responsible for the overall development of the district
The District Assembly is responsible for the overall development o tee district to ensure the
submission of the budget for the district for approval by the central government.
2. It formulates programmes and strategies
The district Assembly also formulates programmes and strategies that will ensure the
effective mobilisation and utilisation of human, capital and other resources in the district.
3. It promotes and supports productive activity and social development
The District Assembly is responsible for promoting and supporting productive activity and
social development in the district. It also removes obstacles that will hinder personal initiative
and development. To this end, the District Assembly provides the local people with short
term soft loans to establish small scale businesses.
4. It maintains security and public safety
The District Assembly co-operates with appropriate national and local security agencies such
as, the police, and watchdog committees to ensure security and public safety in the district.
Also the District Security Councils periodically meet and analyse security situations and
intelligence reports for necessary action.
5. It makes bye-laws
The District Assembly is responsible for making bye-laws and putting into force any
objectives provided by law for the purpose of administering the district. This helps to
promote law and order in the district.
6. It ensures ready access to the courts and public tribunals
In order to promote justice in the district, the District Assembly ensures that, the local people
have ready access to the country's courts of law and tribunals. District Assemblies are
responsible for the provision and maintenance of District Magistrate Court facilities in the
district.
7. It provides infrastructural development
The assembly is responsible for formulating policies and programmes that will enable it
provide the local people with basic infrastructure such as, schools, markets, street lights, lorry
park to better their lives.
PROBLEMS OF DISTRICT ASSEMBLIES
The District Assemblies are beset with these problems:
1. Inadequate funding
Inadequate funding is a major problem confronting District Assemblies. The District
Assembly common Fund established by the government does not provide the assemblies with
enough funds to enable them carry out all their activities.
2. Inefficient collection of taxes
The district assemblies do not have efficient methods of collecting the various taxes that they
have imposed on the local people. The result is that, tax revenue which is to support the
common fund is woefully inadequate
3. Poor financial control and management
The District Assemblies are characterized by poor financial control and management on the
part of the accounting staffs. The auditors who have to check the books of the accounting
staff condone and connive with them to embezzle and misapply public funds.
4.The continued centralisation of the national budget
The continued centralisation of the national budget has also affected the activities of the
District Assemblies. The district assemblies will have to pass through stringent procedures
before funds are released and this delays the implementation of projects in the districts.
5. Lack of infrastructure and logistics
The District Assemblies lack adequate infrastructure and logistics, that will enable them
perform their activities effectively. These include office building equipped with modern
communication and office equipment, residential, accommodation, vehicles, working tools
and others.
6. Unwillingness of some qualified staff to work in some districts
Some of the districts in the country are so deprived that personnel who are posted to these
districts to work in the assemblies refuse to go there and work. This has deprived the districts
of qualified personnel, hence the inability of such districts to perform their activities
effectively and efficiently.
7. Poor working relation
There are poor working relationships between national and regional officers at the Ministry
of Local Government and the District Chief Executives. Moreover, the district officers are
not willing to work through the District Chief Executives.
8. The influence of party politics
Another problem of the District Assemblies is the inability to maintain a non-partisan
character of the Assemblies since central government is partisan. There are always conflicts
between the District Chief Executive and the Member of Parliament where they belong to
different political parties and these affect the smooth running of the Assemblies.
9. Inability of the Assemblies to enforce bye-laws
As a result of lack of appropriate institutional support like the courts, legal draftsmen and
prosecutors, the District Assemblies are unable to enforce the bye-laws that they establish to
administer the districts.

SOLUTIONS TO THE PROBLEMS

The following measures can be adopted to solve the problems of the District Assemblies:
1. Mobilisation of local revenue
The District Assemblies should mobilise or generate local revenue. To ensure this, the tax
collection system should be made more efficient by adopting efficient means to identify and
register all businesses in the district for effective monitoring and compliance with laid down
principles and practices. This will enable the assemblies reduce their dependence on the
common fund and ceded revenue.
2. Efficient tax collection system
The tax collection system of the District Assemblies should be made more efficient to enable
them obtain more tax revenue for projects in the districts. To achieve this, revenue officers
should be motivated to work effectively and efficiently to attain the set target.
3. Improvement in financial management
The financial management of the District Assemblies should be improved by appointing
qualified accounting personnel to take charge of all the financial matters of the assemblies.
These qualified accounting staff will ensure that, financial discipline is maintained.
4. There should be decentralisation
The national recurrent budget should be decentralised, so that, officers working at the district
level of the country can look up to the District Assemblies for their remuneration and
allowances.
5. Provision of adequate infrastructure and logistics
The District Assemblies should be provided with adequate and appropriate infrastructure and
logistical support to enhance efficiency. The provision of decent office buildings, residential
accommodation, vehicles and equipment will improve the morale of the workers, inducing
them to stay and work in the assemblies, to ensure the socio-economic development of the
districts.
6. Provision of incentive package
There should be the provision of incentives to entice qualified officers to accept to go to
deprived districts and remain. These incentive packages include additional remuneration, car
loans, free medical treatment, free and decent accommodation and others.
7. Integration of specified departments
The policy of integrating specified departments within the District Assemblies should be
vigorously pursued, so that, the working relationships between the District Chief Executives
and the national and regional officers of the Ministry of Local Government will be improved.
8. Avoiding acts that undermine the non-partisan nature of the system.
To ensure the smooth operation of the District Assemblies, all acts that tend to undermine the
non-partisan nature of the system should be avoided. There should be a working collaboration
between the District Chief Executives and the members of parliament who do not belong to
the ruling government.
9. Empowering the Assemblies to enforce bye-laws
The District Assemblies should be empowered by the central government to enforce all the
bye-laws that they establish to administer the districts by allocating funds for the
establishment of court, police stations etc.

POLITICAL INSTITUTIONS
THE ELECTORAL COMMISSION
The Electoral Commission is an independent body established by the constitution to be in
charge of the conduct and supervision of public elections and referenda. It consists of a
chairman, two deputies and four other members.
FEATURES OF THE ELECTORAL COMMISSION
1. The commission is a constitutional body established to supervise and conduct all public
elections in the country.
2. The commission is an independent body separated from government. It is not subject to
any person or state official.
3. It is non partisan or political and operate fairly to ensure that parties come into power
through fair means.
4. The commission is headed by a chairman who is of same status as a justice of the Court of
Appeal.
5. Members of the Commission hold their positions until retirement.

FUNCTIONS/ROLES
The Electoral Commission performs the following functions:
1. It compiles and revises the voters register.
A major responsibility of the Electoral Commission is to compile the register of voters and
revise it for the conduct of every election held in the country and at such periods as may be
determined by law.
2. It regulates the operations of political parties
The Electoral Commission is responsible for making rules and regulations to register and
regulate the operation of political parties in the country and ensure that they have adequate
opportunity to organise campaigns prior to elections.
3. It demarcates electoral constituencies
The Electoral Commission demarcates electoral constituencies, and creates polling stations
for the election of representatives to parliament or the legislature and to the local and districts
assemblies.
4. It organises general elections
Another major responsibility of the commission is to organise, undertake, conduct and
supervise all public and general elections for the electorate to vote for their choice of
president and representatives and in referenda.
5. It educates the public
The Electoral Commission is responsible for mounting educational campaigns to educate the
general public in the electoral process for the people to see the need to register and vote
during elections and the procedures for voting.
6. It undertakes the registration of the candidates
The electoral commission is also responsible for ascertaining and registering candidates
contesting general at party or constituency level, counting of votes immediately after voting
election declaring the results of the election publicly immediately after the end of the public
counting of all the ballot papers through the press, radio and television.
7. It approves the registration of political parties.
The Electoral Commission functions to approve the registration of political parties which win
want to contest political power and issue certificate to that effect. It proscribes political
parties which do not conform to rules.
8. It supervises voting
The commission supervises voting on the day of voting. It appoints and trains election
officers such as polling assistants, registration officers, registration agents, returning officers,
polling clerks, presiding officers and counting agents.
9. It provides, stores and uses election materials. The commission ensures the preparation,
printing of ballot papers and manufacture of transparent boxes and their safe custody.
THE COMMISSION ON HUMAN RIGHTS AND ADMINISTRATIVE
JUSTICE(CHRAJ)
The Commission on Human Rights and Administrative Justice has been established by
Article 216 of the 1992 constitution as an independent body to handle or redress complaints
on matters of administrative injustice or nature.
It has been established to replace the Ombudsman provided under the 1969 constitution. It
comprises the Commissioner and two deputies for Human Rights and Administrative Justice.
FUNCTIONS
The CHRAJ performs the following broad and other functions;
1. It deals mainly with matters relating to human rights and in particular as enshrined in the
1992 constitution.
2. It handles largely administrative matters with the view to dispensing justice in that respect.
Specifically, the CHRAJ is to investigate complaints of violations of fundamental human
rights and freedoms, injustice and corruption, abuse of power and unfair treatment of persons
by public officers in the exercise of their duties with power to seek remedy in respect of such
acts or omissions and to provide for other related purposes.
ON THE BASIS OF THESE TWO CATEGORIES OF DUTIES, THE CHRAJ IS
CHARGED WITH PERFORMING THE FOLLOWING FUNCTIONS
1). The commission is charged with the responsibility to investigate complaints of violations
of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair
treatment of any person by a public officer in the exercise of his official duties.
2). It investigates complaints concerning the functioning of the public services
commission and others.
The commission functions to investigate complaints concerning the administrative organs of
the state, the Armed Forces, the Police Services and the Prison Services in so far as the
complaints relate to the failure to achieve a balanced structuring of those services or equal
access by all, to the recruitment of those services or fair administration in relation to those
services.
3). It protects individuals from abuse of human rights.
The CHRAJ is charged with the responsibility of investigating complaints concerning
practices and actions by persons, private enterprises and other institutions of alleged
violations of fundamental rights, especially women and children’s rights, like the trokosi,
female genital mutilation and others.
4). It provides public education
The commission educates the public on human rights and freedoms by such means as the
commissioner may decide, including publications, lectures and symposia. It educates the
public to know their rights as human beings and the need to guard against the infringement of
these rights, through seminars and lectures.
5). It takes actions for remedying, correcting and reversing complaints.
The CHRAJ investigates all complaints brought to it and takes appropriate steps to call for
remedy, correction or find solution to its investigations.
6). It is responsible for the administration of Justice.
The CHRAJ receives complaints from individuals working with organisations and
administrative set ups and deals with wrongful dismissals, denial of promotions, payment of
low salaries and wages, and sometimes, denial of end-of-service benefits. It receives
complaints of individuals concerning administrative injustice and human right abuses such as
wrongful promotion or demotion.
7. it investigates instances of alleged suspected corruption
The commission has within its power to investigate instances of alleged suspected corruption
and the misappropriation of public money by officials and to take steps including the
submission of reports to the Attorney General and the Auditor General the results of such
investigations.
8. It prosecutes alleged offenders
The commission has the power to cause prosecution and to question any person in respect of
any subject matter under investigation before it.
9. The CHRAJ performs other functions as may be prescribed by the constitution or
parliament.
THE NATIONAL COMMISSION FOR CIVIC EDUCATION (NCCE)
The National Commission for Civic Education has been established by Article 231 of the
1992 constitution to educate people on their constitutional rights and obligations and how to
defend them against all forms of abuse and violation at any point in time. It consists of a
chairman, two deputies and four other members.
FUNCTIONS
The N.C.C.E performs the following functions:
1). It educates the public on the principles and aims of the 1992 constitution
The NCCE is charged with the responsibility to create and sustain within the society the
awareness of the principles and objectives of the 1992 constitution as the fundamental law of
the people of Ghana.
2). It educates people on how to defend the constitution
It is the responsibility of the commission to educate and encourage the people of Ghana to
defend the 1992 constitution at all times, against all forms of abuse and violations as an
obligation.
3). It educates the people on their civic responsibilities
It is the responsibility of the NCCE to formulate, implement and oversee programmes
intended to inculcate in the citizens of Ghana awareness of their civic responsibilities and
appreciation of their rights and obligations as free people.
4). It inculcates values, norms and orientations.
The N.C.C.E functions to inculcate values, norms and orientations in the minds of the
individuals so that, they develop their trust in the political system and thereby keep
themselves as well-functioning citizens in the state. In effect, it plays the role of political
socialisation in Ghana that is, enlightening the citizens to fight for their rights if they are
infringed upon.
5). It formulates programmes aimed at realising the objectives of the constitution
The N.C.C E is charged to formulate for consideration of government, from time to time,
programmes at the national, regional and district levels aimed at realising the objectives of
the 1992 constitution.
6). It provides political education
The Commission is required to periodically organise symposia, public lectures, rallies and
fora on important issues needed by the people. These issues concern fundamental human
rights, constitutional provisions, outmoded customary practices like Trokosi and female
circumcision.
7). The commission is charged to perform such other functions as parliament may by
law prescribe.
Parliament may from time to time pass legislation to review and or mandate the commission
to perform some function it may deem fit to prescribe to meet the changing needs of the
people.

GOVERNMENT
Government can be defined as a body of persons or agency with the authority to make,
interpret and enforce laws in a state.
FUNCTIONS OF GOVERNMENT OF A STATE
(i) Enactment of laws
The government, through its legislative organ, makes laws to regulate the actions, behaviours
and decisions of individuals, state officials, public servants as well as other organizations of
institutions in the country. This is done to ensure maintenance of peace and order in a
country.
(ii) Enforcement of laws and order
The government maintains laws and orders through its agencies such as the police service,
prison service, armed forces, law courts and other law enforcement agencies in the country.
The Executive and Judicial organs of government make sure that the laws enacted by the
legislature are properly enforced and interpreted to regulate and control human behaviours to
ensure peaceful co-existence in the country. Citizens who disobey the laws are punished
according to the law.
(iii)National defence
The government is responsible for preserving and protecting the security of the state from
foreign attacks. The government establishes a military force to protect the resources, territory
and people it governs from attacks and invasions by foreign powers.
(iv) Promotion of Economic growth and development
Another function of the government is to adopt policies and programs necessary to facilitate
and foster the growth and development of nation's overall economy. It undertakes good
economic measures to promote capital formation and industrial production, food production,
higher levels of commercial activity within the country favourable balance of trade with
foreign nations and achievement and widespread of economic prosperity among the people it
governs.
(v) International relations/foreign Diplomacy
The government ensures good and formal diplomatic relations with other independent states
in the world: Foreign Ministry, Embassies and other diplomatic agencies are created by the
government to handle international relations with other countries. For instance, the
government of Ghana cooperates with other nations for economic, political, social-cultural,
education, health, technical, and financial purposes. The country's membership with
ECOWAS, UNO, AU, Commonwealth, etc. are actively protected and preserved by
government of Ghana. Immigrants are well protected and cared for to establish good
relationships with their countries

ADVANTAGES OF MULTIPARTY SYSTEM OF GOVERNMENT

(i) Prevents the emergence of dictatorship
Multi-Party System exists to prevent the emergence of dictatorship which is commonly found
under one-party system. The presence of other parties as guaranteed by the constitution gives
alternatives for study and comparison with respect to policies, programmes and decisions.
The ruling government becomes afraid to be criticized and removed from office and it
therefore acts in accordance with the constitution, accepts divergent views and opens to be
accountable and transparent in its governance
ii). Encourages healthy political competition
Multi-party system provides alternative party that is equally guaranteed by the constitution to
rule the country. This creates a competitive environment for political parties to serve the
interest of the people if voted by the citizens to govern the country. It helps to promote good
governance and political accountability in the management of the affairs of a country.
(iii)Provides alternative government
Multi-party system of government prepares an alternative government available for
consideration and takes over when the ruling government disappoints the electorate with its
policies and decisions or in the event where there is impeachment of president or passing of
vote of no confidence in the ruling movement.
(iv)Widens political participation and choice
multi-party system gives variety of political ideologies for electorate to study and make
informed choices during election period. It widens the scope of political participation as
guaranteed by the constitution for freedom of association and to join any political party of
choice.
(v) Ensures accountability and transparency
Multi-party system compels the ruling government to remain accountable to the electorate
and be held accountable to its decisions and policies. It creates room for transparency of
decisions as failure to live up to this may work against being retained.
(vi)Provides innovations and political education
Multi-party system empowers political parties to bring innovations and ideas with respect to
their branding, rallies, campaign strategies and leadership styles. It also creates room for
electorate to be educated on political issues, political rights and processes of voting.
(vii)Ensures tolerance of varied views
Multi-party system creates environment for expression of varied views which are sometimes
become derogatory and falsehood. However, the practice of it as a system of government
compels people to tolerate all forms of varied views from opposition parties.
(vii)Enhances democratic system of government
Multi-party system enhances democracy since it allows people to form political associations
to bring more political parties during election and one party is not imposed on electorates.
REFERENCES:
Amin O., Adams. I (2017). A+ SERIES. A Plus Publications
Hammond, H.F. (2020). Easy Pass Social Studies for S.H.S. Easy Pass Series

Mintah.-A, (2013). Global Social Studies for S.H.S. (3rd ed.). Global and Approachers series

GROUP WORK

1. Witten Constitution, its advantages and disadvantages.

2. Unwritten Constitution, its advantages and disadvantages
3. The importance of Constitution
4. Features of democracy and constitutional rule
5. Democratic aspect of traditional system of government
6. Conflict areas inherent in democratic system of government
7. Ways of resolving conflict in democracy or constitutional rule
8. Ways of sustaining democracy
9. Problems/challenges of democratic governance in Ghana
10. Reasons for the failure of democracy in most west African countries
11. Importance of legislature as an organ of government
12. Balance of power
13. The doctrine of separation of powers and checks and balance
✓ Definition of Separation of powers
✓ Definition of checks and balance
✓ Functions of the three arms of government
14. Mechanics of checks and balance
15. Importance of balance of power
16. Dictatorship
17. Why democracy is better than dictatorship
18. Ways of protecting the constitution of Ghana
19. Nation Building
20. Problems which hinder nation building in Ghana.