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Constitution of the Republic of Ghana, Ghana


Latest Version in WIPO Lex
Year of Version 1996 Dates Entry into force: January 7, 1993 Adopted: May 8, 1992 Type of Text Constitution/Basic Law Subject Matter Other Notes The 1992 Constitution of Ghana was approved at the Referendum held on April 28, 1992 and promulgated by the Constitution of the Fourth Republic of Ghana (Promulgation) Law, 1992. It was last amended in 1996 by the Constitution of the Republic of Ghana (Amendment) Act, 1996. The 1992 Constitution is Ghana’s fifth constitution since independence from the United Kingdom in 1957 after those of 1957, 1960, 1969 and 1979.

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).

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).

Available Texts Main text(s) Main text(s) English Constitution of the Republic of Ghana PDF HTML
Related Legislation Relates to (8 text(s)) Relates to (8 text(s))
High Court (Civil Procedure) Rules, 2004 (C.I 47) (GH032)
Geographical Indications Act, 2003 (Act 659) (GH015)
Court of Appeal (Amendment) Rules, 1999 (C.I 25) (GH031)
Court of Appeal Rules, 1997 (C.I 19) as amended up to the Court of Appeal (Amendment) Rules, 1999 (C.I 25) (GH029)
Supreme Court (Amendment) Rules, 1999 (C.I 24) (GH034)
Supreme Court Rules,1996 (C.I 16) as amended by Supreme Court (Amendment) Rules, 1999 (C.I 24) (GH009)
Court of Appeal (Amendment) Rules, 1998 (C.I 21) as amended by Court of Appeal (Amendment) Rules, 1999 (C.I 25) (GH030)
Courts Act, 1993 (Act 459) (as amended up to the Courts (Amendment) Act, 2004 (Act 674)) (GH033)

WIPO Lex No. GH014