By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Starr FmStarr FmStarr Fm
  • Home
  • Election Hub
  • General
    GeneralShow More
    School placement crisis is self-inflicted – Awudu Ishaq
    September 11, 2026
    Ending double-track without more SHS capacity could leave thousands out – Ofosu Ntiamoah
    September 11, 2026
    Over 313,000 students seek just 76,417 category A SHS places – Nat Tetteh
    September 11, 2026
    Political privilege undermines fairness in school placement – Awudu Ishaq
    September 11, 2026
    Maternal mortality needs stronger existential response – Akosua Manu
    September 11, 2026
  • Business
    BusinessShow More
    Sunbeth Global Concepts launches Sustainability Report, becomes first Nigerian agricultural firm to adopt IFRS S1 and S2 Standards
    September 11, 2026
    Ahantaman Community Bank appoints Samuel Nyanzu Ackah as new CEO
    September 9, 2026
    Nilee Consult to host 5th Business Growth Accelerator Workshop in Accra
    September 9, 2026
    B5 Plus calls for import bans to protect Ghanaian manufacturers and create jobs
    September 8, 2026
    Christian Council commends GoldBod on responsible gold management
    September 8, 2026
  • Politics
    PoliticsShow More
    Mahama swears in three Supreme Court Justices; calls for judicial independence and faster justice delivery
    September 11, 2026
    Political privilege undermines fairness in school placement – Awudu Ishaq
    September 11, 2026
    Ghana Cannot Continue to Love the Diaspora’s Money and Fear Its Voice
    September 11, 2026
    SA evacuation: Minority demands detailed account of ¢16m Engineers and Planners contribution
    September 10, 2026
    You’re the backbone of party structures – Afoko rallies NPP women
    September 10, 2026
  • Entertainment
    EntertainmentShow More
    Starr FM set to premiere ‘Morning Rounds with Dr Sompa’ on September 5
    September 3, 2026
    Kojo Antwi, Meiway to unite African music fans in London for historic concert
    August 31, 2026
    Dissolve Creative Arts Ministry; it offers no support to industry players – Shatta Wale
    August 31, 2026
    God told me in 2012 He was shifting my ministry – Ohemaa Mercy
    August 31, 2026
    Not every gospel artiste is a minister – Ohemaa Mercy
    August 30, 2026
  • Sports
    SportsShow More
    Ghana unveils female mini football national team, targets rise to Africa’s summit
    September 3, 2026
    Open Letter to Kofi Adams: Give Ghana Two Hybrid Pitches and Establish a Lasting Legacy 
    September 2, 2026
    World Cup Fundraising Committee must clarify Shatta Wale’s GH¢5m claim – Wonder Mandel
    August 31, 2026
    Sports Ministry not responsible for GH¢5m Shatta Wale debt – Minister’s aide
    August 30, 2026
    EduSpots launches its Digital Champions Programme
    August 28, 2026
  • Technology
    TechnologyShow More
    Samsung Galaxy S26 FE Delivering Latest Flagship AI, Camera Experiences
    August 27, 2026
    YEA CEO urges youth to avoid recording private sexual activities amid rise in leaked videos
    August 20, 2026
    Here’s Why Samsung Galaxy Z Fold8 Is Perfect Device for Your Favourite Content – Pre-Order Today!
    August 18, 2026
    Nearly 1,000 scam numbers linked to fake Google profiles targeting Ghana food chains – TrustGH
    August 17, 2026
    NYA CEO urges youth to use social media for positive change, not violence
    August 12, 2026
  • International
    InternationalShow More
    In Pictures: Chef Abbys showcases Ghanaian cuisine at London’s Black On The Square
    September 8, 2026
    Chef Abbys arrives in London ahead of Black On The Square, set for BBC Radio interview
    September 4, 2026
    Edibeck Consult’s cultural Exchange Delegation engages Ghana Embassy in Belgium
    September 3, 2026
    Chef Abbys to showcase Ghanaian cuisine at London’s Black On The Square Festival
    September 2, 2026
    EIB’s Joshua Kodjo Mensah appointed Official Host of Global Entrepreneurship Festival
    September 1, 2026
  • Factometer
Search
© 2024 EIB Network Ltd. All Rights Reserved.
Reading: Constitutional Supremacy and the Limits of Parliamentary Power in Ghana: Re-examining the 1992 Constitutional Order
Share
Notification Show More
Font ResizerAa
Starr FmStarr Fm
Font ResizerAa
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Search
  • Headlines
  • Election Hub
  • General
  • Politics
  • Sports
  • Business
  • Entertainment
  • Factometer
Have an existing account? Sign In
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
Editors PickFeatured

Constitutional Supremacy and the Limits of Parliamentary Power in Ghana: Re-examining the 1992 Constitutional Order

A legal analysis by Eric Ofori Kwaah argues that under the 1992 Constitution, parliamentary majorities cannot override constitutional authority.

Starrfm.com.gh By Starrfm.com.gh Published November 11, 2025
Share
SHARE

Introduction

Ghana’s democracy stands at the intersection of politics and principle—a vibrant arena where parliamentary debates often echo the pulse of the nation. Yet beneath the noise of partisanship lies a deeper constitutional question: Does a parliamentary majority amount to sovereign authority? The 1992 Constitution answers this resoundingly—No.

In Ghana, it is not Parliament, the Executive, or even the majority that reigns supreme. It is the Constitution, the written covenant of the people, that defines, confines, and sustains every power of the state. While Parliament may command numbers, the Constitution commands legitimacy. The framers of the 1992 Constitution deliberately departed from the British model of parliamentary sovereignty, choosing instead a system anchored in constitutional supremacy, one where the rule of law, not the rule of men or numbers, governs the Republic.

Thus, even as the political temperature rises and parliamentary rhetoric intensifies, the ultimate referee remains the Constitution itself. In Ghana’s constitutional democracy, majority power is political, while constitutional power is legal, and where the two collide, legality prevails. The Supreme Court’s pronouncements in landmark cases such as Tuffuor v. Attorney-General [1980] GLR 637 and J.H. Mensah v. Attorney-General [1996-97] SCGLR 320reaffirm that Parliament may be a “closed book,” but never one beyond constitutional review.

Parliamentary Power under Constitutional Restraint

Ghana’s Parliament enjoys broad legislative authority underArticle 93(2), which vests it with “power to make laws for the peace, order and good government of Ghana.” However, this authority operates strictly within constitutional confines. No Act of Parliament can contravene the Constitution, and if it does, it is subject to judicial nullification under Article 1(2).

This principle is judicially entrenched through the Supreme Court’s exclusive jurisdiction in constitutional interpretation, as outlined in Articles 125 and 126. Article 125(3) provides that:

“The judicial power of Ghana shall be vested in the Judiciary; accordingly, neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.”

Therefore, even where Parliament acts by majority vote, its decisions are reviewable by the courts. This judicial oversight reflects not a limitation on democracy but a safeguard against majoritarian excesses.

The Role of the Majority and Minority in a Constitutional Democracy

Since 1993, Ghana’s parliamentary practice has been shaped by the dynamics between the majority and minority caucuses. The majority controls the legislative agenda, committees, and often influences the approval of executive policies. However, having a majority in Parliament does not equate to parliamentary supremacy.

In Ghana’s constitutional democracy, the majority is an operational reality but not a constitutional absolute. Its decisions are valid only to the extent that they conform to the Constitution. For instance, a simple or even unanimous parliamentary vote cannot alter presidential succession as defined under Article 60, which outlines a fixed line of authority in the event of the President’s absence or incapacitation. Additionally, Parliament cannot amend entrenched provisions by resolution without following the stringent processes set forth in Articles 290 and 291. 

Thus, Ghana practices majoritarian democracy under constitutional supremacy, not parliamentary supremacy. The majority exercises political control, but constitutional limits serve as the legal guardrails against legislative overreach.

This illustrates that while political power in Parliament may shift between majority and minority, sovereign power remains with the Constitution, not the prevailing party.

 Judicial Guardianship of the Constitutional Order

Articles 125 and 126 anchor the Judiciary as the guardian of the Constitution. Through the Supreme Court’s interpretative mandate, it ensures that Parliament and the Executive operate within constitutional limits. This judicial review function is the practical expression of constitutional supremacy, affirming that the Constitution, not political convenience, defines legality.

Several landmark decisions, such as Tuffuor v. Attorney-General[1980] GLR 637, have reinforced this principle by asserting that all state organs, including Parliament, derive legitimacy only from constitutional compliance.

Tuffuor v. Attorney-General: Constitutionalism over Procedural Formalism

In Tuffuor v. Attorney-General [1980] GLR 637, the Supreme Court affirmed the supremacy of the Constitution as a living document, capable of interpretation consistent with its spirit and purpose. Justice Sowah, delivering the celebrated judgment, declared:

“The Constitution has its spirit… it is a living organism capable of growth and development as the political, social, and cultural situation changes.”

This reasoning remains central to understanding Ghana’s constitutional order. It means that even when Parliament acts under procedural regularity, its decisions may still be unconstitutional if they offend the spirit or express provisions of the Constitution. The Court in Tuffuor was categorical that no authority, not even Parliament, can act ultra vires the Constitution.

Therefore, the supremacy of the Constitution transcends institutional convenience or political expediency and defines the limits of every constitutional actor.

J.H. Mensah v. Attorney-General: Parliament as a “Closed Book”

In J.H. Mensah v. Attorney-General [1996-97] SCGLR 320, the Court was called upon to determine whether the courts could question internal parliamentary procedures, specifically the process of passing the Appropriation Bill. The Court, per Bamford-Addo JSC, held that while Parliament is not above the Constitution, its internal proceedings are largely insulated from judicial inquiry. Parliament was described as a “closed book” in so far as it operates within the parameters of its constitutional mandate.

This doctrine of non-interference serves a dual purpose: it preserves parliamentary autonomy while maintaining judicial restraint. However, this insulation is not absolute. The courts retain jurisdiction where a constitutional infraction rather than a mere procedural irregularity is alleged. Hence, the judiciary may not intrude into how Parliament debates, but it may intervene where Parliament exceeds its constitutional authority.

Political Questions, Judicial Power, and the Doctrine of Res Judicata

A critical question emerges: what happens when a political question, constitutionally allocated to the judiciary, is simultaneously before the Speaker of Parliament for determination? Can the Speaker’s ruling constitute res judicata, precluding judicial review?

The answer lies in Articles 125 and 126 of the Constitution. Article 125(3) expressly provides:

“Neither the President nor Parliament nor any organ or agency of the President or Parliament shall have or be given final judicial power.”

This clause extinguishes any notion that parliamentary or executive adjudication can attain judicial finality. Therefore, when the Speaker or Parliament interprets constitutional provisions as part of internal business, such an interpretation cannot bar the courts from later reviewing the same matter. 

Res judicata, in its true legal sense, applies only to determinations made by bodies exercising judicial power. Since Parliament does not possess judicial power, its rulings cannot constitute res judicata against the courts.

This demarcation is essential to prevent a scenario where political organs become self-judging in constitutional disputes. The Judiciary’s interpretative supremacy under Article 125(3) ensures that the Constitution remains the arbiter of all power, including that of the Speaker and Parliament itself.

Conclusion

The 1992 Constitution positions itself as the ultimate repository of sovereignty. It distributes powers among the Legislature, Executive, and Judiciary but subjects all to constitutional supremacy. Through Tuffuor v. Attorney-General, we learn that the Constitution is a living guide—not a political instrument. Through J.H. Mensah v. Attorney-General, we appreciate that Parliament is autonomous but not absolute.

Parliament may be a “closed book,” but it is not a sealed one against constitutional scrutiny. Its pages must always turn within the bounds of the Constitution. When political questions intersect with constitutional adjudication, Constitutional supremacy, not parliamentary finality, must prevail.

In Ghana’s constitutional order, therefore, the rule of law, not the rule of the majority, remains the ultimate expression of sovereignty.

In the end, what political commentators now echo in jest carries enduring truth in law: the law is the law, and in Ghana, that law is the Constitution.

The writer, Eric Ofori Kwaah, is a solicitor and barrister of the Supreme Court of Ghana

You Might Also Like

Four years on, Appiatse explosion victims left with broken promises, poor housing and unsafe water 

In Pictures: Chef Abbys showcases Ghanaian cuisine at London’s Black On The Square

EIB Network’s Hajia Fati Karim wins Excellence in Health Systems Accountability Reporting Award

From a Room to a Global Enterprise: The Michael L. Bartlett-Vanderpuye Story

Accra to host 5th ICUSS, cementing excellence as Africa’s growth currency

TAGGED:constitutional lawGhana Constitutionparliamentary power Ghanarule of lawSupreme Court Ghana
Share This Article
Facebook Twitter Email Print
Share
Previous Article Paying workers across the board is “uncivilized” – Austin Gamey criticizes Ghana’s salary system
Next Article Ghana must shift from inflation-based to productivity-based pay – Labour Consultant

Starr 103.5FM

Starr FmStarr Fm
Follow US
© 2024 EIB Network Ltd. All Rights Reserved.
newsletter icon
Join Us!

Subscribe to our newsletter and never miss our latest in news, podcasts etc..

[mc4wp_form]
Zero spam, Unsubscribe at any time.
adbanner
AdBlock Detected
Our site is an advertising supported site. Please whitelist to support our site.
Okay, I'll Whitelist
Welcome Back!

Sign in to your account

Lost your password?