FREE Revision for 2025 School of Law Entrance Exam-Session 4- DISCUSSION OF QUESTION- CONST LAW

Overview
This lecture focused on preparing for the 2025 Ghana School of Law entrance examinations, specifically addressing how to answer questions about constitutional reform. Dr. Ernest guided students through a hypothetical question requiring recommendations for amending provisions of the 1992 Constitution of Ghana. The session emphasized the importance of being aware of ongoing national constitutional reform debates, including the current Professor Prempeh-led Constitutional Review Committee, and how to structure well-reasoned recommendations for constitutional amendments.
Key Concepts or Theories:
Constitutional amendment procedures for entrenched and non-entrenched provisions
The constitution as a "living organism" capable of growth and development
Separation of powers and checks and balances in Ghana's constitutional framework
Democratic legitimacy and popular sovereignty as foundations for constitutional reform
Important Questions Raised:
How should students approach questions requiring recommendations for constitutional amendments?
What are the most problematic provisions in Ghana's 1992 Constitution that warrant amendment?
How do constitutional provisions affect governance, democracy, and development in Ghana?
What is the appropriate balance between constitutional stability and necessary reforms?
Key Takeaways and Summary of Learning Objectives
When answering constitutional amendment questions, students should provide clear introductions, identify problematic provisions, explain the issues, suggest solutions, and cite relevant legal authorities.
Constitutional reform questions require understanding both the legal framework and current national discourse on constitutional amendments.
Students should prepare at least 10-15 potential constitutional provisions for amendment to be adequately prepared for examination questions.
Each recommendation should include: the specific provision, the problem it presents, proposed solution, amendment procedure required, and relevant case law or authorities.
Constitutional amendments should be justified based on principles of democratic governance, separation of powers, and effective governance rather than partisan political considerations.
Topic 1: Approach to Constitutional Amendment Questions
When addressing constitutional amendment questions in examinations, students should begin with a concise introduction that acknowledges the constitution as a living document requiring periodic updates to reflect societal changes. For each provision recommended for amendment, students must clearly identify the specific article, explain the problem or challenge it presents, propose a specific solution, indicate whether it is an entrenched or non-entrenched provision, and cite relevant case law or authorities to support the recommendation. Dr. Ernest emphasized that students should prepare at least 15 potential provisions for amendment to ensure they have sufficient material regardless of how many recommendations the exam question requires. The approach should be analytical rather than political, focusing on constitutional principles rather than partisan positions. The conclusion should emphasize how the proposed amendments would strengthen sovereignty and democratic governance in Ghana.


Topic 3: Constitutional Amendment Procedures
The lecture clarified the different procedures required for amending entrenched versus non-entrenched provisions of the 1992 Constitution. Dr. Ernest explained that entrenched provisions, such as those relating to the Executive (Chapter 8), require a more elaborate procedure including a referendum as stipulated in Article 290. For example, provisions like Article 78 on ministerial appointments, Article 71 on emoluments of public officers, and Article 243 on appointment of MMDCEs are entrenched provisions requiring referenda for amendment.
Actionable Next Steps / Assignments
Prepare a list of at least 15 constitutional provisions that could be candidates for amendment, with justifications for each.
Study the 2010 Constitutional Review Commission Report, particularly the executive summary, to understand previously recommended amendments.
Follow the ongoing national discourse on constitutional reforms led by the Professor Prempeh committee.
Review relevant case law on constitutional interpretation and amendment procedures.
Practice writing structured responses to questions on constitutional amendments following the format provided in the lecture.