Introduction to Constitutional Evolution (Ghana)

Note on Introduction to Constitutional Evolution (Ghana) by Legum

Pre-Independence Constitutions of Ghana:


Constitutions are largely products of history, reflecting the will of a people and the events that have shaped their society. In the words of Sowah JSC in Tuffour v Attorney General, "a written Constitution such as ours is not an ordinary Act of Parliament. It embodies the will of a people. It also mirrors their history..."

This note outlines the important events in Ghana's history that have influenced the country's 1992 constitution. These events, referred to as "constitutions," performed functions characteristic of a constitution, such as creating and regulating governmental power, stipulating the rights and duties of the governed, and defining the relationship between the government and the governed.

The following events will be discussed in relation to constitutionalism, rule of law, separation of powers, judicial review, and human rights:

1. Company of Merchants Trading to Africa

2. 1821 Letters Patent

3. 1828 Committee of Merchants

4. 1843 British Settlement Act

5. 1844 Bond

6. 1850 Constitution

7. 1866 Constitution

8. 1874 Constitution

9. 1901 Constitution

10. 1916 Constitution

11. 1925 Constitution