CONSTITUTIONALISM (PART 1)

The concept of constitutionalism, as introduced in this lecture, is foundational to the rule of law and democratic governance. Constitutionalism is defined as the practice of limiting government power to prevent arbitrary rule and safeguard citizens' rights. This concept extends beyond merely having a constitution; rather, it demands that government operates within clearly defined constraints, ensuring that authority is exercised within pre-established legal boundaries.

In Ghana, constitutionalism is deeply embedded in the 1992 Constitution, which serves as a legal framework protecting democracy, the rule of law, and human rights. However, Ghana’s history reveals periods where constitutionalism was compromised, especially under military regimes. Constitutionalism in Ghana has evolved, facing challenges under authoritarian rule but striving towards accountability and human rights protection. Key cases such as Re Akoto highlight judicial efforts to uphold constitutional constraints despite political pressures.

Historically, constitutionalism has roots in England, with power-sharing mechanisms between the monarchy and Parliament serving as a check on the monarchy's authority. This structure spread globally, influencing countries like the United States, where the American Declaration of Independence emphasized government accountability to the people. Scholars like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau also contributed significantly to the philosophical foundation of constitutionalism, advocating for a social contract to protect individuals' rights from unchecked governmental power.

Constitutionalism embodies the principles of separation of powers, the rule of law, and judicial review. An independent judiciary is essential in enforcing these principles, ensuring that government actions are legally scrutinized and aligned with constitutional mandates. For constitutionalism to be effective, it must be supported by institutional frameworks like an independent judiciary, human rights protections, and an engaged civil society. Constitutionalism is a dynamic process, not a static principle; its success depends on the cumulative effect of its core elements—ensuring limitations on government, protection of individual rights, and mechanisms for accountability are in place and observed.

In summary, constitutionalism in Ghana and globally underscores the necessity of legal limitations on power, ensuring that governance serves the people within the bounds of established law. The lecture emphasizes that constitutionalism, though often interlinked with democracy, is distinct and prioritizes a system where government power is restrained and accountable, regardless of its democratic legitimacy.