Question

asses the extent to which the constitution of Ghana violates the constitutional principle of separation of powers and its effects on government exercise or power

Answer 1

Answer:

president rules

Explanation:

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Answer 2

Constitutional democracy  a system of government in which the executive and the legislative bodies are elected and a Constitution has been established which confers power on different state institutions and organs and limits the exercise of such powers.

Explanation:

• The Ghana constitution includes provisions which pose many challenges for the independence of the judiciary and are faced in every governing institution on several fronts. It requires financial flexibility of the judges & freedom in the selection of judges, the welfare and the dismissal of judges.
• In Ghana, in consultation with the State Council & with the Parliament's consent, the Chief Justice is appointed by the "President". The democratically elected President and parliament, however, play an significant part in the "appointment" of the Chief of Justice. The President 's role in the removal of the chief justice of the supreme courts is surprising and in certain cases may be a threat to the integrity of the judiciary.
• Throughout Ghana, the Judicial Council plays a major role in the appointment and training of Superior Courts judges and Lower Courts judicial officers. This also calls for judicial reform and recognizes problems intended to help a Chief Justice to ensure that the administration of Justice is secure and reliable. By contrast with its functional counterparts in other Commonwealth nations, this Council is fairly weak in its powers and obligations.
• The procedure outlined in the Constitution for removing judges in Ghana, , is an "essential element" in the protecting armor of judicial independence, however it involves  too many executive interference. The Constitution stipulates that if and when the President is asked to remove the Chief Justice, a Committee comprising two Supreme Court judges and three other persons shall be appointed to inquire in consultation with the Council of State. The President shall behave in compliance with the Committee's recommendations. Therefore, the elected President played a crucial role in dismissing the Chief Justice even though he / she was subject to quasi-judicial recommendations. This explicitly threatens the "integrity" of the judiciary.
• In addition, the Supreme Court of Ghana (and the High Court in respect of the executive's respect of a person's rights) shall be empowered to strike out any action which is considered unconstitutional in addition to the power to annul the law considered in breaches of the Constitution. Clearly, it is probable that the judiciary usurps the powers delegated to the Executive in exercising its legislative authority in the Constitution.
• According to Ghana Constitution, the basic role of the Government is to enforce and uphold the Constitution and all laws rendered in compliance with the Constitution or kept in effect. The Parliament makes such rules. The Constitution however requires the President to choose from the Parliament the majority of his ministers. This raises the obstacle that a minister of the executive branch of government can still be part of the legislative branch of government. In fact, it has almost become an imperative in the life of the Constitution that a person who wants to be a minister must first strive for a Parliamentary seat.
• Laws are made by the legislative branch. At the other hand, the judiciary in Ghana is empowered to read the law and determine, inter alia, whether a piece of legislation meets legislative powers16 or not. Therefore, the court has the obligation, in entirety or in part, to address the question of whether or not an Act of Parliament is constitutively legitimate. What could  appear tobe a judiciary's examination of whether the European Parliament has effectively breached the constitutional limits of its legislative powers can provide a chance for the judiciary to interfere in the legislative powers.
• Although in other democracy such as the democratic system such an structure is not unprecedented, the challenge could be a major one as it goes against the theory of power separation especially in a Presidential Executive especially national setting, in which politics dominate any area of life and political concern is pervasive. In addition, the designation of Parliamentary Ministers places the Legislature under Executive President's direct control.
• Another challenge in the doctrine of division of powers into constitutional democracy and in the Ghana model is the requirement that, whenever both the sitting President and the Vice-President are not available for the function of the President, the Speaker of Parliament, who is the head of the Legislature,, should be sworn in and function as the acting President (head of the executive) the The question is, how separate are his powers under the Legislature from the Executive Arms of Government, as the Lead of the Legislature acts as President?

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