The Legislative Process in Ghana

These flashcards cover key terms and processes related to the legislative process in Ghana, including the stages a bill goes through to become law.

Bill

The legislature is responsible for making laws, ensuring accountability, and representing the people. In Ghana, the legislature(parliament) operates under a unicameral system, meaning it consists of one single chamber. The 1992 constitution of Ghana establishes the authority and functions of parliament under chapter 10 articles 93-124.

INITIATION AND DRAFTING OF THE BILL

A bill can be introduced in parliament by                                                                                  1. Government(executive)- Proposed by the executive through a minister of state and it is drafted by the attorney general's department.                                                                                           2. Committee bills- initiated by parliamentary committees to address certain policies.             3. Private member bills- proposed by a private member of parliament. However article 108 of the 1992 constitution, these bills cannot impose a financial bill to the executive.                    Article 106(2) says that every bill published must be gazetted at least 14 days before the first reading.. This is to allow public awareness and input before any parliamentary debates begin

First Reading

At this stage, the clerk of parliament presents the bill to parliament and this when it is formally introduced.The proposed bill is then formally received by Parliament . At this stage, the Clerk or the presiding officer reads the title of the bill.The First Reading is generally the first formal step in Parliament . The Speaker reads the long title of the bill. There is typically no debate on the substance of the bill at this stage

Committee Stage

After the First Reading, the bill is referred to the appropriate Parliamentary committee, as per Article 106(5). At this stage, the committee holds deliberations and may propose amendments to the bill, which are then included in a committee report.The Attorney-General is available to provide legal advice during this stage 

Second Reading

The minister or mp sponsoring the bill explains all its purposes and provisions. Following the Committee Stage, the bill proceeds to the Second Reading. During this stage, debates take place on the acceptance or rejection of the committee report. There is also a discussion on the principles and rationale of the bill. Members of Parliament express their opinions on the bill. The debate at the Second Reading is followed by a vote, and if the bill passes this stage, it is deemed to have been approved in principle and moves to the next stage.  

Consideration Stage

At this stage, the bill is examined clause by clause to make sure there is clarity and consistency. MPs, ministers and committees can propose amendments and correct any inconsistencies.Article 106(6) ensures that parliament considers the bill in detail before moving on to the next stage. Things considered during this stage are constitutional alignments,legal wording and effectiveness. 

Third Reading

The final version of the bill is read in parliament. Article states that after the third reading, the bill must receive the speaker's certification before being sent for presidential assent. No further amendments are allowed at this stage.To ensure an effective legislative process, Parliament typically sets a specific time frame between the Committee Stage and the Consideration Stage. According to the Standing Orders, the Bill must go through the Consideration Stage at least 48 hours after the Second Reading. This allows MPs sufficient time to review the Committee's recommendations and propose necessary amendments before further deliberation.

Presidential Assent

Once parliament passes the bill, the speaker submits it to the president who must assent to the bill before it becomes law. Article 106(7) gives the president 7 days to assent or return the bill with objections. If the president refuses assent, he must inform the speaker by memorandum within 14 days,as per Article 106(8). The President may also refer the bill to the Council of State for its consideration and comments, as per Article 90. If the president returns the bills, parliament is obligated to reconsider it under article 106(9). If the parliament repeals the bill with at least two thirds majority, according to article 106(10), the president must assent within 30 days. 

Ghana Gazette

Once signed, the Act is published in the Ghana Gazette.The law takes effect either immediately or on a specified date stated within the Act. if no commencement date is provided, the Act becomes enforceable upon publication

Fast-Tracking of Urgent Bills

Article 106(13) allows Parliament to expedite a Bill’s passage if it is deemed urgent. The 14-day Gazette publication requirement can be waived. This is mostly used for emergency legislation, such as crisis response measures.

Tuffuor v Attorney-General [1980]

A landmark case that reinforced the principle that the Constitution is the supreme law and that Parliament must operate within its constitutional boundaries.