Constitution and Organs of Government

You are welcome to Section 3 of your Learning Material. Do you remember our discussion on the organs of government in year one of your learning material? You will remember we identified the three organs of government as the Executive, the Legislature, and the Judiciary. You will be introduced to other aspects of these organs to increase a broader understanding of the workings and functions of the executive branch of government, the significance of the legislature, and the role of the judiciary in a democratic state. The section also has review questions for your practice. This is exciting!! Enjoy your studies to the fullest.

Key Ideas

• Some significant roles of the legislature include approving the government’s budget and vetting ministers of state for appointment.

• The functions of the executive branch of government include managing state resources for the benefit of the people and defending the territory of the state.

• The judiciary interprets the Constitution; ensures the liberty of individuals and maintains the rule of law among others.

• The study of the organs of government is central to our understanding of the concept of ‘separation of powers’ and how these relationships ensure the accountability of officials.

The Executive organ of government is the body responsible for managing the day- to-day affairs of the country. It comprises the head of government, who is either the President or the Prime Minister, and ministers of state. The executive also includes the civil service and other public servants, who help in the implementation of government policies and programmes. Some of these functions are:

1. Appointment of ministers and other public office holders

2. Provision of public services

3. Maintenance of law and order

4. Raising of taxes for development

Activity 3.1 The Executive

1. Visit the District Assembly and conduct an interview with any principal officers (e.g. District Chief Executive) on the functions and activities of the executive organ of government.

Use the questions below as a guide.

a. What roles does the executive play in maintaining law and order?

b. How does the executive collect taxes for development?

c. How does the executive allocate resources for the provision of social amenities?

d. What is the executive’s role in the appointment of government officials?

e. How does the executive coordinate to defend the state against external aggression?

2. Share your findings with a friend and collaborate to prepare a presentation for a class discussion

The legislature makes a significant contribution to a democratic state in several ways.

First, is its legislative function. The chamber(s) of the legislature serve as the forum for debating and passing bills into law. It is a crucial forum where societal problems are highlighted, and policies are made to address them. The problems vary widely from agriculture policy to educational reforms and local issues such as waste collection.

Legislation gives legal backing or authorisation to the policies and programmes designed by the government. The process of law-making in the legislature goes through about five stages.

Second, it is the representative body of all citizens of the state. A legislature gains legitimacy by being representative of the people on whose behalf it acts. Through elections, individuals are selected to represent citizens of a specific geographical area in the state (i.e. constituency) and thereby provide expression of the popular will. The legislature includes representatives of parties not in the government and will publicly challenge government policies and actions. This may lead to changes in government policy reflecting public opinion.

Third, is the power of the purse. The legislature controls the expenditure finances of the state. All budgetary estimates of the government are approved by the legislature. It is Parliament alone that has the mandate to impose various taxes and approve loans.

Its approval of the budget statement allows the allocation of monies to the various Ministries, Departments and Agencies.

Fourth, it performs oversight function. The legislature can scrutinise the actions of individual government ministers or public officials and hold them to account usually through committee hearings. One specific device the legislature employs to control public agencies (the executive) is legislative veto. It rectifies treaties and conventions and agreements signed by the executive and other sovereign states. Members of the legislature can also take up grievances of individuals or groups in society and some cases, secure redress.

Fifth, the legislature approves presidential nominations for appointment such as justices of the Superior Courts, Ministers of state and other state agencies.

Sixth and finally, the legislature has the power to declare war in times of attack on the territorial sovereignty of the state. The process of law-making goes through several stages. Below is a graphical illustration of these stages for your study.

Figure 3.1: Law-making process

Activity 3.2 The Legislature

1. Follow the links and watch the audio descriptive videos on legislative

activities in Ghana.

• https://www.youtube.com/watch?app=desktop&v=Y255G2COVB0 [vetting of ministers]

• https://www.youtube.com/watch?app=desktop&v=Y255G2COVB0 [debate of budget statement]

• https://www.youtube.com/watch?v=fnLgujYuRRg [public account committee hearing]

2. From the videos, discuss the functions of the legislature in Ghana with a friend. Prepare a presentation for further class discussion.

3. Research on the processes a bill goes through to become a law and complete the table below. Present your work for a whole-class discussion.

Table 3.1

Stages of a bill What it involves 1ˢᵗreading 2ⁿᵈreading Consideration stage Third reading Presidential Assent

1. Interpretation of the laws of the state. After the laws have been passed by the legislature, the Judiciary interpret the laws, and this represents the idea of separation of powers. The Judiciary conduct judicial review on any law to determine whether it is in accordance with the constitution. Judicial review is the power of the judiciary to review and possibly invalidate the laws and other actions of the other branches of government, notably the executive and the legislature, if they are inconsistent with the constitution.

2. Adjudication of disputes. The Judiciary arbitrate when there is a deadlock. They apply the laws passed by the legislature by listening to evidence and come out with their verdict.

3. Protection of rights. The Judiciary have primary responsibility of safeguarding the rights of citizens and individuals when they are violated by the government or other social actors within the state. The Judiciary protect citizens through the courts systems against unlawful acts of government. To fulfil its core mandates, the judiciary needs to be politically neutral and independent of government and external pressures.

4. Quasi-legislative rule-making. The judicial performs legislative functions when it interprets the laws. This means that the Judiciary through its verdicts or judgement decisions contributes to law-making (i.e., policymaking) as the decisions are based on presence, conventions and procedures. Simply, the judgments of the court records contain information that can be used.

5. The judicial also performs miscellaneous or ceremonial functions such as registration of marriages, divorce proceedings and swearing-in of Heads of state and other public officials.

Activity 3.3 The Judiciary

1. Based on material provided by your teacher and other related sources, research the Functions of the judiciary in Ghana. Write a report for presentation in class.

2. In small groups, prepare a presentation, explaining with examples from Ghana and other countries, how an independent judiciary can protect democratic rights and freedoms, and conversely, how a judiciary that is subservient to government may contribute to the erosion of democracy.