Audio By Carbonatix
A lecturer in Law at Seton Hall University Law School, US, Professor Henry Kwasi Prempeh has questioned the executive dominance in law making, saying it provided avenue for wide discretionary powers.
He said the process in which the monopoly of policy and legislative initiatives were left in the hands of the executive gave room to situations where policy pronouncements were made without even bothering to secure even pro forma legislative input or approval.
Prof. Prempeh said the executive discretion was even widespread in the area of making subsidiary legislation.
"Statutory grants of rule making authority to the executive often leave individual ministers and for that matter the president wide discretion to apply the provisions of the law to individual cases, with little or no statutory or regulatory guidance to constrain such discretion," he said.
Prof. Prempeh was speaking at a roundtable organised by the Ghana Center for Democratic Development (CDD) on the topic: "Progress Towards the Rule of Law and Constitutionalism in Ghana,"
He said since government must rule through law it was necessary that anything designed to have the force of law could become law unless it had been enacted in accordance with constitutionally approved process.
The discussion, which dwelt mostly on how the fourth republican constitution's promise of constitutionalism is being realised, is part of the activities being held by the CDD to mark the country's 50th independence anniversary celebrations.
Prof. Prempeh said the problem of 'issuing law' was further compounded by the failure of Parliament to utilise its legislative approval power to rein in the Executive and also because of the inability of Parliament to define and defend its institutional interest.
For instance, he said, the Parliamentary majority had ceded the appointment of a Speaker to the President while the speaker had lost its role as the leader of Parliament through an appointment of a Minister of Parliamentary Affairs by the Executive.
Touching on the judicial function and constitutionalism, Prof Prempeh said it was necessary for the judiciary to live above reproach to enable the people see that it was "the rule of law and not the rule of men," which was at work.
He said the cardinal principle of constitutionalism would be undermined in a situation where there was a widespread belief among the people that the courts were unable to deliver justice fairly because of partial judges.
Prof Prempeh also had issues with the unregulated administrative discretion of the Chief Justice within the judiciary, saying it created risk and certainly the perception of compromising the decisional independence of lower-level judges.
Other areas of concern are the open-ended Supreme Court composition and size and the Chief Justice practice of empanelling justices.
Despite these challenges, Prof Prempeh said the Fourth Republican Constitution had promoted respect for constitutional commands such as presidential term limits, scheduled elections, freedom of speech and media and improved climate of liberty.
Mr Sam Okudzeto, a legal practitioner who chaired the function, said the issues being dealt with had a direct bearing on the progress that was made in the country's democracy.
Source: GNA
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Tags:
DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
Latest Stories
-
They don’t ask for permission before using my songs – Stella Seal
1 minute -
Audit Service rejects calls for restatement of MIIF 2024 financials; flags concerns over Agyapa
3 minutes -
Botswana government fulfil house promise to 200m Paris Olympics gold medallist Tebogo
11 minutes -
Wode Maya: Africa’s cultural diplomat championing tourism through digital storytelling
12 minutes -
UESD @5: Seth Terkper hails rapid growth but warns infrastructure gaps are slowing progress
13 minutes -
Ghana retains 6th position in RMBs “Where to Invest in Africa” 2025/26 rankings
19 minutes -
Roads Minister warns board against misuse of Road Maintenance Trust Fund
20 minutes -
Ghana’s Black Stars to face South Africa on December 16 in friendly
23 minutes -
Gov’t undertakes independent audit as Road Fund faces GH¢8bn debt burden
23 minutes -
Bagbin calls for unity and integrity in Ghana’s Parliament
26 minutes -
BoG pumps $10bn into forex market to aid cedi’s stability
30 minutes -
Graduate nurses and midwives gear up for protest over 5-year unemployment stall
38 minutes -
Illicit flows bleed Ghana dry: How billions lost are crippling science education and local research
39 minutes -
DVLA launches rollout of new number plates in Oti region
44 minutes -
Ghana Water takes defaulters in Eastern region to court over GHC32 million debt
44 minutes
