An imperfect constitution is not the challenges of the nation but the lack of fundamental commitment to establish a constitutional order.
The challenges with the constitutions are easy to write and promulgate but they do not necessarily establish a constitutional order,” Professor Kwaku Asare, a D&D Fellow in Public Law and Justice at Center for Democratic Development-Ghana (CDD-Ghana), has postulated.
“The former is just a beautiful text but the latter requires an unwavering commitment to ground rules, norms, practices and processes indicated by the text is required not only of the citizenry but also of administrative structures, political parties, media and judicial have been assigned specific roles integral to working of the constitution,” he stressed.
Outlining problems and challenges with respect to the 1992 Constitution, Prof. Asare indicated that commitment, determination and dedication to uphold the tenets, spirit and letter of the constitution must not lead to abuse of power.
He observed that all constitutions were imperfect, hence their amendment architecture did not attest to the fact that problems and challenges were as a result of imperfect constitution since all constitutions were imperfect, hence their amendment architecture.
“We lack the fundamental commitment, determination and dedication required to establish constitutional order and not just the constitution but any law because we are outstanding at writing, rewriting, changing and commissioning statutes, regulations and ordinances that we have no intention to be bound by.
“The problems with constitutions are that they are easy to write and promulgate but they do not necessarily establish a constitutional order since the former is just beautiful text but latter requires an unwavering commitment, determination and dedication to ground rules, norms, practices and processes indicated by the text.
“That commitment, dedication and determination is required not only of the citizens but also of the administrative structures, political parties, media, judicial amongst others that have been assigned specific roles integral to the working of the constitution,” Prof. Asare asserted. –ghanaweb.com
