LLB CONSTITUTIONAL LAW - HISTORICAL EVOLUTION OF GHANA'S CONSTITUTION ( Part 2)

The Evolution of Constitutional Law in Ghana (1900-1957)

Welcome to this discussion on constitutional law in Ghana, focusing on the historical evolution of constitutions from 1900 to 1957. Ghana's constitutional development was marked by significant milestones that shaped its legal and political landscape.

Burns Constitution of 1946
The Burns Constitution was a pivotal moment in Ghana’s constitutional evolution. It introduced significant reforms:

✅ Legislative Powers Expansion – The Legislative Council gained constitutional powers to legislate for Ashanti.
✅ Increased Elected Members – The number of elected members increased from 11 to 18, with the majority now being elected. However, most elected members were chiefs.
✅ Governor's Reserved Powers – The Governor retained ultimate authority in key matters.
✅ Composition of Elected Members –

9 Provincial Members elected by the Joint Provincial Council (Eastern & Western Provinces).
4 Ashanti Members elected by the Ashanti Confederacy Council.
5 Municipal Members – Accra (2), Cape Coast (1), Sekondi-Takoradi (1), Kumasi (1).
✅ Financial Control Provisions – Legislative Assembly could not debate taxation or public spending without the Governor’s approval. This is comparable to Article 108 of the 1992 Constitution, which restricts parliamentary control over financial matters.
✅ Inclusion of Native Appointees in the Executive Council – A step towards African involvement in governance.
The 1951 Constitution
This constitution introduced significant democratic reforms, including:

✅ Reconstitution of the Executive Council – The Governor was expected to act on the advice of the Council.
✅ Composition of the Council – It comprised:

The Governor
Ministers, appointed from elected members and approved by the Assembly. This is similar to Articles 76-79 of the 1992 Constitution, where ministers must be appointed from Parliament.
✅ Leader of Government Business – One member of the Executive Council was elected as Leader of Government Business – Dr. Kwame Nkrumah was the first to assume this role.
✅ Legislative Council Becomes Legislative Assembly – Now composed almost entirely of elected Gold Coasters:
75 Elected Members
10 Unelected Members
✅ Public Service Commission Established – To oversee appointments and administration of the Civil Service.
✅ Budget Control – Civil Service budget was now subject to Assembly approval.
The 1952 Constitutional Amendment
This amendment introduced further reforms:

✅ Creation of the Office of Prime Minister – A Prime Minister position was established within the Legislative Assembly.
✅ Executive Council Renamed Cabinet – The Executive Council was now formally recognized as the Cabinet, solidifying ministerial responsibility and collective decision-making.

Conclusion
The constitutional reforms between 1900 and 1957 laid the foundation for Ghana’s independence in 1957. These constitutions progressively increased local representation and reduced colonial control, paving the way for self-governance and constitutional democracy under the 1960 Republican Constitution.

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