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
    AngloGold Ashanti Iduapriem commissions $1.1 million NICU at Tarkwa Municipal Hospital
    July 30, 2026
    Starrfm.com.gh
    YEA launches National Labour Migration Readiness Campaign to intensify public education on Labour Exchange Programme
    July 30, 2026
    Jospong Group invests in future: 118 AAC-RUDN graduate scholars return from Russia to boost food security
    July 30, 2026
    Challenging Heights calls for probe into alleged cross-border baby trafficking network
    July 30, 2026
    Court of Appeal frees former MASLOC CEO Sedina Tamakloe-Attionu; overturns 10-year jail term
    July 30, 2026
  • Business
    BusinessShow More
    Jospong Group invests in future: 118 AAC-RUDN graduate scholars return from Russia to boost food security
    July 30, 2026
    AngloGold Ashanti Iduapriem commissions $750,000 AI and Smart Systems Centre at UMaT
    July 29, 2026
    Heath Goldfields donates three transformers to Prestea-Huni Valley Constituency to improve power supply
    July 29, 2026
    Restoration efforts ongoing to fully bring power supply to all areas after system disturbance – Energy Ministry assures
    July 29, 2026
    There will be more demonstrations if VALCO remains under GIADEC – VALCO Board Chairman
    July 28, 2026
  • Politics
    PoliticsShow More
    Gov’t committed to safeguarding Ghana’s peace through inclusive governance – Upper East Minister
    July 29, 2026
    Archbishop of Canterbury pays courtesy call on President Mahama
    July 28, 2026
    Parliament passes Tribunals Bill 2026 after contentious debate
    July 17, 2026
    GH¢11bn for Accra-Kumasi Expressway not paid to contractors yet – CAGD dismisses claims
    July 16, 2026
    AG withdraws application to revoke ex-NAFCO boss’s travel permission after order lapses
    July 16, 2026
  • Entertainment
    EntertainmentShow More
    History made as 77: The Festac Conspiracy premieres to sold-out crowd in Zambia
    July 20, 2026
    X Lor opens new chapter as debut EP Tornado arrives on streaming platforms
    July 10, 2026
    Samsung Ghana powers culture and creativity at 2026 UG All Dance Carnival
    July 1, 2026
    Ghana Music Awards USA, WatsUp TV partner to amplify Ghanaian music on the global stage
    June 25, 2026
    WatsUp On Campus: Stonebwoy rocks UniMAC-IJ’s first-ever artiste night
    June 16, 2026
  • Sports
    SportsShow More
    Black Queens begin WAFCON campaign with convincing 2-0 win over Cape Verde
    July 30, 2026
    Black Stars
    Ghana at 2026 World Cup: Black Stars Show Promise but Miss Cutting Edge
    July 27, 2026
    Late Argentine comeback ends England’s dream, sets up World Cup final against Spain
    July 16, 2026
    Ghana gears up to host ITTF-Africa Hopes Week as Africa’s young stars converge in Accra
    July 13, 2026
    GFA denies claims of taking money from players for Black Stars call-ups, threatens legal action
    July 8, 2026
  • Technology
    TechnologyShow More
    AngloGold Ashanti Iduapriem commissions $750,000 AI and Smart Systems Centre at UMaT
    July 29, 2026
    Sambus Geospatial MD calls on Ga Mantse ahead of ESRI Conference West Africa 2026
    July 28, 2026
    GIMPA Tech Fair held as Samsung brings ‘Awesome Experience’ to event
    July 1, 2026
    Siniat joins ITALKOL and PIXEL PAINTS portfolio as ITALKOL celebrates a decade of industry impact
    June 23, 2026
    Child Rights International calls for ban on social media use for children under 17 in Ghana
    June 20, 2026
  • International
    InternationalShow More
    Korea commits US$38 million to strengthen Digital STEM education in Ghana
    July 8, 2026
    QNET joins EOCO, INTERPOL regional workshop to strengthen cross-border action against human trafficking and fraud
    July 8, 2026
    High Court dismisses Abu Trica’s emergency application to halt extradition to US
    July 6, 2026
    Ghanaian students abroad to convene global forum on national development
    July 5, 2026
    Alleged romance scam: Lawyers for Abu TRICA file emergency application to halt extradition to US
    July 3, 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

Speaker Bagbin hails NIB turnaround as book on bank’s recovery is launched

Protect judicial independence and integrity for future generations – Amoakohene to Judiciary

Protecting Ghana’s sanitation gains requires sustainable funding – Stakeholders warn

Ghana House Coordination Committee outlines roadmap to maximise opportunities at Glasgow 2026

Ghana House launch will promote trade, investment and culture at Commonwealth Games – Deputy Head of Mission

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?