Ghana
Constitution of the Republic of Ghana
| Year of current version: | 1996 |
|---|---|
| Date of entry into force of original text: | January 7, 1993 |
| Date of Text (Adopted): | May 8, 1992 |
| Type of Text: | Constitution / Basic Law |
| Subject Matter: | Other, Traditional Cultural Expressions, Traditional Knowledge (TK) |
| Notes: | |
| Available Texts: | |
| English | |
| WIPO Lex No.: | GH014 |
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The Constitution, as the supreme law of Ghana, recognizes human and citizen’s fundamental rights and declares Ghana to be a unitary republic with sovereignty residing in the Ghanaian people. It separates the powers among the President, Parliament, and an independent judiciary. The legislative power is vested in the unicameral Parliament, which comprises 230 members, who are elected by universal suffrage every four years. The executive power is exercised by the President and the Council of State. The President is the head of State, head of Government, and commander-in-chief of the armed forces; and appoints Ministers, subject to parliamentary approval. The judicial system consists of the Supreme Court (the highest court), the Court of Appeal, the High Court of Justice, and the lower courts or tribunals consisting of circuit tribunals and community tribunals.
The Ghana legal system is based on English common law and customary (traditional) law. The Constitution identifies the sources of Ghanaian law (Article 11).
The Constitution contains general provisions relating to the protection of traditional knowledge and folklore. Article 26(1) guarantees the right to enjoy and maintain the cultural rights and practices. Article 39(4) stipulates that the State shall endeavor to preserve and protect places of historical interest and artifacts.
Furthermore, the Constitution explicitly guarantees the right to protection from deprivation of property (Article 20).