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Forty-one In One Blow! Thoughts on the Proposed Single Referendum Question to Decide the Amendment of Ghana's Constitution

Forty-one In One Blow! Thoughts on the Proposed Single Referendum Question to Decide the... MAAME A.S. MENSA-BONSU I. INTRODUCTION Ghana's Constitutional Reforms Commission, [CRIC], set up in 2012 to translate the report of the Constitutional Review Commission (CRC),1 into concrete constitutional amendments submitted a draft bill to government in 2014. The Bill proposed to amend 34 entrenched provisions and insert 7 new ones and addressed matters found in no less than 10 chapters of the Constitution. Government apparently intends to put this bill to the mandatory referendum for amending entrenched provisions of the constitution. In other words, government hopes to amend Ghana's Constitution 41 times with single power-packed blow. Both the constitutional review exercise and the proposed amendments, have been met with condemnation and challenge at nearly every turn.2 Recent sharp criticism from civil society organisations and constitutional experts, has centred on the intention ­ now somewhat less admitted ­ to craft a single `yes or no' referendum question to decide all 41 proposed amendments. This paper is intended to swell the chorus of protest against a decision to logroll all 41 issues. It endorses the interpretation of Article 290(1) proffered by think-tank IMANI-Ghana.3 Hopefully a significant body of literature agitating against this unconstitutional, and unjust means of constitutional amendment will prevent http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

Forty-one In One Blow! Thoughts on the Proposed Single Referendum Question to Decide the Amendment of Ghana's Constitution

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2016
Subject
Articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2016.0137
Publisher site
See Article on Publisher Site

Abstract

MAAME A.S. MENSA-BONSU I. INTRODUCTION Ghana's Constitutional Reforms Commission, [CRIC], set up in 2012 to translate the report of the Constitutional Review Commission (CRC),1 into concrete constitutional amendments submitted a draft bill to government in 2014. The Bill proposed to amend 34 entrenched provisions and insert 7 new ones and addressed matters found in no less than 10 chapters of the Constitution. Government apparently intends to put this bill to the mandatory referendum for amending entrenched provisions of the constitution. In other words, government hopes to amend Ghana's Constitution 41 times with single power-packed blow. Both the constitutional review exercise and the proposed amendments, have been met with condemnation and challenge at nearly every turn.2 Recent sharp criticism from civil society organisations and constitutional experts, has centred on the intention ­ now somewhat less admitted ­ to craft a single `yes or no' referendum question to decide all 41 proposed amendments. This paper is intended to swell the chorus of protest against a decision to logroll all 41 issues. It endorses the interpretation of Article 290(1) proffered by think-tank IMANI-Ghana.3 Hopefully a significant body of literature agitating against this unconstitutional, and unjust means of constitutional amendment will prevent

Journal

African Journal of International and Comparative LawEdinburgh University Press

Published: Feb 1, 2016

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