Kofi Atta, thanks. I have a good reason to respond to your opinion piece.
You said that the Constitutional Review Commission or the Constitution Review Implementation Committee seeks to amend the constitution. That is abs ... read full comment
Kofi Atta, thanks. I have a good reason to respond to your opinion piece.
You said that the Constitutional Review Commission or the Constitution Review Implementation Committee seeks to amend the constitution. That is absolutely wrong.
All that the two are doing is collecting, collating, and putting together proposals, suggestions, opinions, and perspectives from Ghanaianas on which aspects of the Constitution should be amended.
The fundamental problem that some of you have is that you can't separate this duty from the direct action of amending the constitution, which can be done through a referendum to be organized by the appropriate body (the Electoral Commission).
I find it difficult to accept your claim on that score.
If the areas being put together by the CRC or the CRIC are contentious, we may be on the same page in seeing things; but as of now, all this talk of the CRC or CRIC being an affront to the Constitution is porous.
Remember also that under the Directive Principles of State Policy, the President is charged to act in a responsible manner to sustain the democracy. I see nothing wrong with the establishment of the CRC or the formation of the CRIC to help us identify problematic aspects of the constitution and to make moves for a constitutional review/amendment.
Don't let us skew issues. Kwaku Azar's suit is preposterous, to say the least, because of the assumptions on which it is based, primarily to create the impression that the President acted ultra vires. Why is Parliament itself silent over the matter when it is the one to know whether its powers are being usurped or not?
Dr. Michael J.K. Bokor 9 years ago
I have a good reason to respond to Kofi Atta's opinion piece.
He has said, among others, that the Constitutional Review Commission or the Constitution Review Implementation Committee seeks to amend the constitution. That ... read full comment
I have a good reason to respond to Kofi Atta's opinion piece.
He has said, among others, that the Constitutional Review Commission or the Constitution Review Implementation Committee seeks to amend the constitution. That is absolutely wrong. It bears remembering that the substance of Kwaku Azar's suit is the usurpation of Parliament's power by the Executive, which derives from the establishment of the CRC and the CRIC.
All that the two (CRC and CRIC) are doing is collecting, collating, and putting together proposals, suggestions, opinions, and perspectives from Ghanaianas on which aspects of the Constitution should be amended. I have written an opinion piece to complain about the fear that there is much cherry-picking going on; but that has nothing to do with Kwaku Azar's twists and turns.
The fundamental problem is that Kwaku Azar and Kofi Atta can't separate this duty of the CRC and CRIC from the direct action of amending the constitution, which can be done only through a referendum to be organized by the appropriate body (the Electoral Commission). As to who initiates the process,w it must be clear that the procedures for introducing bills are clear, which the formation of the CRC and CRIC didn't infringe; at least, if we accept the constitutional provision that ordinary individual Ghanaians or the Executive can initiate bills for Parliament to act on. The CRC and the CRIC are working on issues that will lead to the initiation of a bill for constitutional review for Parliament to work on. Where is the usurpation in this sense?
I find it difficult to accept your claim on that score.
If the areas being put together by the CRC or the CRIC are contentious, we may be on the same page in seeing things; but as of now, all this talk of the CRC or CRIC being an affront to the Constitution is porous.
Remember also that under the Directive Principles of State Policy, the President is charged to act in a responsible manner to sustain the democracy. I see nothing wrong with the establishment of the CRC or the formation of the CRIC to help us identify problematic aspects of the constitution and to make moves for a constitutional review/amendment.
Don't let us skew issues. Kwaku Azar's suit is preposterous, to say the least, because of the assumptions on which it is based, primarily to create the impression that the President acted ultra vires. Why is Parliament itself silent over the matter when it is the one to know whether its powers are being usurped or not?
Thanks.
Andrew 9 years ago
Stop pissing over yourself. Why revised version? You couldn't get it right the first time?
Stop pissing over yourself. Why revised version? You couldn't get it right the first time?
Felix Quaynor 9 years ago
Dr of what?
You think amending a constitution is a singular act that is done on a friday morning? It is a process involving initiating, contemplation, framing, considering, passage, etc.
All of those activities are res ... read full comment
Dr of what?
You think amending a constitution is a singular act that is done on a friday morning? It is a process involving initiating, contemplation, framing, considering, passage, etc.
All of those activities are reserved for parliament.
We have too many higly uneducated doctors in this damn country.
Dey 9 years ago
Felix, you are just an illiterate!!!!! If parliament is going to do what you are proposing all by itself, its tenure will expire besides all other issues will be kept on hold. If you have no ideas shut up for better brains to ... read full comment
Felix, you are just an illiterate!!!!! If parliament is going to do what you are proposing all by itself, its tenure will expire besides all other issues will be kept on hold. If you have no ideas shut up for better brains to do the thinking for you
Theo 9 years ago
Dey is stupid Bokor in disguise.
Dey is stupid Bokor in disguise.
Dr. SAS, Attorney at Law 9 years ago
A Bill is a proposal for a law or a change to an existing law. A Bill becomes law (an Act) when agreed to by parliament and signed by the President.
There is no law that restricts how to initiate, consider or propose a Bill. ... read full comment
A Bill is a proposal for a law or a change to an existing law. A Bill becomes law (an Act) when agreed to by parliament and signed by the President.
There is no law that restricts how to initiate, consider or propose a Bill. A Bill may emanate from parliamentarians, the people, the executive, committees and commissions and any and all interest groups.
The laws you cite become applicable when a Bill is formally presented to Parliament by any of the aforementioned groups that initiate and propose same.
It is incorrect to assume that the Executive cannot initiate, consider or propose a bill when ordinary citizens can do so. The Presidency does not limit but rather dilate the individual's powers to lead in constitutional amendments. Thus the President has appropriately used these powers in appointing a Committee which has presented a Bill to parliament. No Law has been broken by the President.
Felix Quaynor 9 years ago
You must know very little about administrative law. Law making is not an act. It is a process. The body that has the power to amend the constitution has the full power to do so, including initiating, framing, packaging and pa ... read full comment
You must know very little about administrative law. Law making is not an act. It is a process. The body that has the power to amend the constitution has the full power to do so, including initiating, framing, packaging and passing the amendment.
When a governmental body is not given the power to do something then it is forbidden from doing that thing in all its facets.
And btw, ordinary citizens cannot initiate bills but seperation of powers has more to do with constitutional bodies.
Annorwuo 9 years ago
You make is going to win you any browney points? Which arm of govt under our current set-up,has the responsibility to 'promote peace ,order and good government'? You are only mudding the waters with is "administrative law" t ... read full comment
You make is going to win you any browney points? Which arm of govt under our current set-up,has the responsibility to 'promote peace ,order and good government'? You are only mudding the waters with is "administrative law" tangent which has very little relevance in this discussion!
I think we have allowed some of these 'nation-wreckers'too much latitude to try to bring this once prosperous nation to its knees, just because certain individuals, with a tunnel vision, disapprove of the current leadership! Methodist Clergy who lost out on becoming the Head Chaplain of the Ghana Police Service; College Accounting Prof.,turned a 'Constitutrional' lawyer who wants to become a future Atty-General;erstwhile 'party errand-boy' who wants to become a National Organizer; and others who are hiding in some obscure corner,I believe the time has come for us to to put and end to this nonsense!
Why is Kwaku Azar not hounding the SC to deal with the Vodafone case with dispatch?
Theo 9 years ago
Always these smelly trokosi incestuous daughter fuckers muddling the waters with their bigotry.
Always these smelly trokosi incestuous daughter fuckers muddling the waters with their bigotry.
Mohammed Maiga 9 years ago
How confused can you be?
How confused can you be?
Mohammed Maiga 9 years ago
Certainly, the Executive, not Parliament. Will Ghanaians ever think right and know that Kwaku Azar is a liar and an "azaa man"?
Certainly, the Executive, not Parliament. Will Ghanaians ever think right and know that Kwaku Azar is a liar and an "azaa man"?
Kwame Omari 9 years ago
Does the Right To Information Bill amend any part of the 1992 Constitution? In your haste to condemn Kwaku Azar, you've ended up making a fool of yourself.
Does the Right To Information Bill amend any part of the 1992 Constitution? In your haste to condemn Kwaku Azar, you've ended up making a fool of yourself.
MARCUS AMPADU 9 years ago
The fundamental mistake all of you are making on this debate is that you are all making a mountain out of an ant hill.
Every Ghanaian citizen can contribute in an attempt to amend the constitution of Ghana.
And this incl ... read full comment
The fundamental mistake all of you are making on this debate is that you are all making a mountain out of an ant hill.
Every Ghanaian citizen can contribute in an attempt to amend the constitution of Ghana.
And this include the President, each member of his administration, each member of the opposition, each member of the Council of State, and even the judiciary, as citizens of Ghana, all have the civil obligation to take part in any discourse relevant to the constitution of country and any intended amendment.
As a citizen of Ghana, I have requested that our constitution be amended from unicameral legislature to bicameral legislature; that doesn't mean my proposal would be adhered to.
Whatever the President proposes in an amendment would not be embraced if it goes against our current democratic dispensation;
knowing our political history of perennial instability.
NEZER 9 years ago
I don't think I have ever heard of an ordinary citizen of Ghana sending a bill to Parliament for consideration into a law. So the argument that every citizen can do so under the constitution doesn't hold. Even if it does, we ... read full comment
I don't think I have ever heard of an ordinary citizen of Ghana sending a bill to Parliament for consideration into a law. So the argument that every citizen can do so under the constitution doesn't hold. Even if it does, we should bear in mind that the executive, which is barred from initiating constitutional amendments is solely represented by the President. The president can therefore not delineate him/herself from the executive and initiate actions as an ordinary citizen why still representing the executive which is debarred from doing so.
There is no doubt that the current constitution needs some serious amendments but the CRC should be formed by an act of the parliament, not the president. The action of the president to strip himself to the level of an ordinary citizen, thereby abdicating his role as the executive in order to initiate constitutional reforms, is to say the least unfortunate. He just want more control over the process, which is what the framers of the constitution sought to avoid.
Kofi Ata, Cambridge, UK 9 years ago
I stated that Dr SAS's article appeared on the website of Peace FM online. That is not correct. Rather, it appeared on Joy FM online. My sincere apology to Peace FM online.
I stated that Dr SAS's article appeared on the website of Peace FM online. That is not correct. Rather, it appeared on Joy FM online. My sincere apology to Peace FM online.
Doctor this Doctor that 9 years ago
Juris Doctor is a degree not a Phd.It is not universally recognised as a doctorate degree.Australia and the UK do not consider it as a doctorate.The framers of Ghana"s 1992 constitution are still alive so we can ask them to e ... read full comment
Juris Doctor is a degree not a Phd.It is not universally recognised as a doctorate degree.Australia and the UK do not consider it as a doctorate.The framers of Ghana"s 1992 constitution are still alive so we can ask them to explain all the niggling bits now.None of these absentee JD"S helped frame it.
Yaw Ohemeng 9 years ago
Surely, the President (or the Executive) could have contributed in a process led by Parliament.
If you read Chapter 25 of the Constitution and the stance taken by Dr SAS, then Parliament even cannot consider the bill subn ... read full comment
Surely, the President (or the Executive) could have contributed in a process led by Parliament.
If you read Chapter 25 of the Constitution and the stance taken by Dr SAS, then Parliament even cannot consider the bill subnmitted by the Executive. It just has to act as a 'post office' to pass the bill on to the people in referendum and to receive from the people, convert into an Act to be passed on to the Executive for the Act to be signed into law.
The Executive has taken active steps to ensure that its views prevail. It has received the CRC Report, it has issued a White Paper to water down some of the recommendations, and it has submitted the bill to Parliament. Parliament itself has referred the bill to the Council of State. When it comes back, Parliament cannot deliberate on it but should pass it on for the referendum to be held.
My questions are:
1. When does Parliament itself deliberate on the proposed changes? Is it after the referendum or before the referendum?
2. Who frames the questions for the referendum - the CRIC or Parliament?
4. Can Parliament solicit its own contributions and insert them in the bill prepared by the Executive?
3. Just found out today for the first time that the Constitution was amended in 1996 with regards to the functions of the Vice-President. How was that one handled?
I require some education here - to the constitutional lawyers.
Kofi Ata, Cambridge, UK 9 years ago
I am not sure if you guys agree or disagree with me that the whole of Chapter 25 ought to be read and interpreted as one entity in order to appreciate the spirit of the law (what the framers intended). The simple interpretati ... read full comment
I am not sure if you guys agree or disagree with me that the whole of Chapter 25 ought to be read and interpreted as one entity in order to appreciate the spirit of the law (what the framers intended). The simple interpretation of Chapter 25 is that Parliament and the Executive MUST initiate, consider and propose amendments to the constitution and not the Executive.
I do accept that the Executive could take part and make submission/s to parliament to be considered as part of a Parliament led constitutional amendment process but certainly not the other way round.
I hope you guys have read today's SC ruling regarding the suit against the EC on using NHIS card for voter registration. Whilst the suit was pending at the SC the EC continued to act in preparation to use the card to register voters as if nothing was happening though the EC had been served with the suit. Did you read what JSC Dotse said?
That is exactly how the Executive and its agents are behaving in the Prof Asare suit. Despite the suit pending at the SC, the Constitutional Review Implementation Committee (CRIC) is going round round the country promoting its work when that very work is being challenged at the SC. That is contempt of court, disrespect to the SC and a violation of the constitution.
I also think that it's better to have this debate without personalities, especially, the President. For example, if we take the present occupier out of the equality and instead use "a president" it would be helpful. That means it applies to any president (the current and future ones). This is to avoid the temptation for some to suspect that the suit is against President Mahama and his NDC government. No, far from it but rather an effort to make Ghana's constitutional democracy better and a mechanism provided in the constitution.
Bonsu 9 years ago
Once again Kofi Ata is guilty of wrong reasoning.He assumes that the process of bill initiation and constitutional amendments are exclusive to parliament.The role of parliament is to debate bills and follow due process.
Th ... read full comment
Once again Kofi Ata is guilty of wrong reasoning.He assumes that the process of bill initiation and constitutional amendments are exclusive to parliament.The role of parliament is to debate bills and follow due process.
The process of law making begins with the introduction of a Bill in Parliament. A Bill can be introduced either by a Minister or a member other than a Minister. In the former case, it is called a Government Bill and in the latter case, it is known as a Private Member's Bill.
Then after the introduction it goes through a number of parliamentary readings.After the Bill has been finally passed by the Houses of Parliament, it is submitted to the President for his assent. After a Bill has received the assent of the President, it becomes the law of the land.
Under chapter 23 0f our constitution 278 (1) Subject to article (5) of this Constitution, the President shall, by constitutional instrument, appoint a commission of inquiry into any matter of public interest where-
(a) the President is satisfied that a commission of inquiry should be appointed; or
(b) the Council of State advises that it is in the public interest to do so;
Chapter 25 tells us of the process of constitutional amendments.Kweku Asare is just outright wrong and he is just doing this to seek attention and it seems to me Kofi as a friend of his is buying into it.There is no breach of the constitution if anything at all Asare is just over hasty for nothing.
Dr. SAS, Attorney at Law 9 years ago
Thanks.
This is exactly what my article sought to communicate. Article 25 is not a bar to initiate, consider or propose any Bill. Besides, it is rather in the spirit of our democratic dispensation that as many of the citizen ... read full comment
Thanks.
This is exactly what my article sought to communicate. Article 25 is not a bar to initiate, consider or propose any Bill. Besides, it is rather in the spirit of our democratic dispensation that as many of the citizens as possible have some input in any bill on the constitutional amendment. Kofi is going in circles without closely reading what we are saying . His assertion that the work of amendment should cease because somebody has filed a suit against the process betrays his general lack of knowledge about the workings of the law.
Thomas Muller 9 years ago
"Besides, it is rather in the spirit of our democratic dispensation that as many of the citizens as possible have some input in any bill on the constitutional amendment."
Kwasea, that is why parliament, not the president, ... read full comment
"Besides, it is rather in the spirit of our democratic dispensation that as many of the citizens as possible have some input in any bill on the constitutional amendment."
Kwasea, that is why parliament, not the president, is put in charge of constitutional amendment.
Thomas Muller 9 years ago
I think you are so wrong. amending a constitution is not ordinary law making. It is changing thr paramount law of the land. You are naive in assuming that the process of ordinary law making is the same for amendments. This is ... read full comment
I think you are so wrong. amending a constitution is not ordinary law making. It is changing thr paramount law of the land. You are naive in assuming that the process of ordinary law making is the same for amendments. This is basic law.
Chapter 23 has nothing to do with amendments. Those who look there are a little foolish
ohene yaw 9 years ago
interesting debate.
interesting debate.
Kosoko 9 years ago
Thomas Müller, if u cannot debate don't just shut up! Who do you think you are to abuse others. You are but a coward for even using a German name.
Thomas Müller, if u cannot debate don't just shut up! Who do you think you are to abuse others. You are but a coward for even using a German name.
Kofi Atta, thanks. I have a good reason to respond to your opinion piece.
You said that the Constitutional Review Commission or the Constitution Review Implementation Committee seeks to amend the constitution. That is abs ...
read full comment
I have a good reason to respond to Kofi Atta's opinion piece.
He has said, among others, that the Constitutional Review Commission or the Constitution Review Implementation Committee seeks to amend the constitution. That ...
read full comment
Stop pissing over yourself. Why revised version? You couldn't get it right the first time?
Dr of what?
You think amending a constitution is a singular act that is done on a friday morning? It is a process involving initiating, contemplation, framing, considering, passage, etc.
All of those activities are res ...
read full comment
Felix, you are just an illiterate!!!!! If parliament is going to do what you are proposing all by itself, its tenure will expire besides all other issues will be kept on hold. If you have no ideas shut up for better brains to ...
read full comment
Dey is stupid Bokor in disguise.
A Bill is a proposal for a law or a change to an existing law. A Bill becomes law (an Act) when agreed to by parliament and signed by the President.
There is no law that restricts how to initiate, consider or propose a Bill. ...
read full comment
You must know very little about administrative law. Law making is not an act. It is a process. The body that has the power to amend the constitution has the full power to do so, including initiating, framing, packaging and pa ...
read full comment
You make is going to win you any browney points? Which arm of govt under our current set-up,has the responsibility to 'promote peace ,order and good government'? You are only mudding the waters with is "administrative law" t ...
read full comment
Always these smelly trokosi incestuous daughter fuckers muddling the waters with their bigotry.
How confused can you be?
Certainly, the Executive, not Parliament. Will Ghanaians ever think right and know that Kwaku Azar is a liar and an "azaa man"?
Does the Right To Information Bill amend any part of the 1992 Constitution? In your haste to condemn Kwaku Azar, you've ended up making a fool of yourself.
The fundamental mistake all of you are making on this debate is that you are all making a mountain out of an ant hill.
Every Ghanaian citizen can contribute in an attempt to amend the constitution of Ghana.
And this incl ...
read full comment
I don't think I have ever heard of an ordinary citizen of Ghana sending a bill to Parliament for consideration into a law. So the argument that every citizen can do so under the constitution doesn't hold. Even if it does, we ...
read full comment
I stated that Dr SAS's article appeared on the website of Peace FM online. That is not correct. Rather, it appeared on Joy FM online. My sincere apology to Peace FM online.
Juris Doctor is a degree not a Phd.It is not universally recognised as a doctorate degree.Australia and the UK do not consider it as a doctorate.The framers of Ghana"s 1992 constitution are still alive so we can ask them to e ...
read full comment
Surely, the President (or the Executive) could have contributed in a process led by Parliament.
If you read Chapter 25 of the Constitution and the stance taken by Dr SAS, then Parliament even cannot consider the bill subn ...
read full comment
I am not sure if you guys agree or disagree with me that the whole of Chapter 25 ought to be read and interpreted as one entity in order to appreciate the spirit of the law (what the framers intended). The simple interpretati ...
read full comment
Once again Kofi Ata is guilty of wrong reasoning.He assumes that the process of bill initiation and constitutional amendments are exclusive to parliament.The role of parliament is to debate bills and follow due process.
Th ...
read full comment
Thanks.
This is exactly what my article sought to communicate. Article 25 is not a bar to initiate, consider or propose any Bill. Besides, it is rather in the spirit of our democratic dispensation that as many of the citizen ...
read full comment
"Besides, it is rather in the spirit of our democratic dispensation that as many of the citizens as possible have some input in any bill on the constitutional amendment."
Kwasea, that is why parliament, not the president, ...
read full comment
I think you are so wrong. amending a constitution is not ordinary law making. It is changing thr paramount law of the land. You are naive in assuming that the process of ordinary law making is the same for amendments. This is ...
read full comment
interesting debate.
Thomas Müller, if u cannot debate don't just shut up! Who do you think you are to abuse others. You are but a coward for even using a German name.