A constitution is the highest law of the state. Ghana is governed under the 1992 Constitution.
The idea
The constitution sets out how governments are chosen and removed, what the arms of government may do, and the rights of citizens. It is above ordinary acts of parliament. If an ordinary law conflicts with the constitution, the constitution prevails, and the courts can say so. That is one reason a written constitution matters in a democracy: the people who hold office for a term do not get to rewrite the rules of the game by a simple vote every time it suits them.
Ghana's 1992 Constitution provides for an elected president, a parliament, and an independent judiciary. It lists fundamental human rights and freedoms, and it also sets out duties. Some of its provisions are entrenched, which means they are harder to change and, for those provisions, a referendum is part of the process. You do not need a clause number to score. You need the idea: rights are stated, power is divided, and change to the deepest rules is deliberately difficult.
What earns the marks
Do not invent article numbers. A correct description of a right scores. A wrong number next to a right loses trust and can lose the mark. "The constitution is the highest law" is a definition mark. The second mark is usually why that matters, or one thing the 1992 Constitution actually provides. Parliament, the presidency and the courts are safe examples. Do not claim the constitution cannot be amended at all. It can. Entrenched parts are simply harder to amend.
Practice questions
These are practice questions in the style of the paper, with a model answer and a mark scheme. They are not a promise of what your paper will ask.
1Question 1
4 marks
(a) What is a constitution? (2 marks)
(b) State two matters the 1992 Constitution of Ghana provides for. (2 marks)
Model answer
(a) A constitution is the highest law, which sets out how the state is governed.
(b) It provides for fundamental human rights, and for the offices of president, parliament and the courts. Any two of these.
Mark scheme
The highest or supreme law of the state1 mark
It sets out how the country is governed, or the powers of the organs of state1 mark
One correct provision, such as fundamental rights, an elected president, parliament, or the judiciary1 mark
A second correct provision, different from the first1 mark
2Question 2
2 marks
Explain what it means to say that some provisions of the constitution are entrenched. (2 marks)
Model answer
They cannot be changed by an ordinary act of parliament alone. A more demanding process, including a referendum, is required.
Mark scheme
They are harder to amend than ordinary law1 mark
A referendum, or a special procedure beyond a simple parliamentary majority, is required1 mark
3Question 3
2 marks
Give one reason a court should be able to declare an act of parliament void when it conflicts with the constitution. (2 marks)
Model answer
Otherwise a temporary majority could cancel the rights and the limits the constitution sets. The court is the check that keeps ordinary law underneath the highest law.
Mark scheme
The constitution is higher than an ordinary act1 mark
Without that check, a majority could set aside rights or limits at will1 mark
Practise Social Studies with Anna
More questions on this topic are inside GLearn, marked as you answer, with the reason written out. The first ones need no account.
The 1992 Constitution. It provides for an elected president, parliament, the courts, and fundamental human rights and freedoms. It is the highest law. Ordinary acts of parliament have to agree with it.
Can the constitution be changed?+
Yes. Amendment is possible. Some provisions are entrenched, so changing them needs a harder process, including a referendum. The difficulty is deliberate. It stops the basic rules being rewritten on a whim. All WASSCE Social Studies past questions