The Effect of Article 78 (1) of the 1992 Constitution of Ghana on the Oversight Role of the Parliament of Ghana

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2012-07-29
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Abstract
The Study was undertaken to identify how the Parliament of Ghana performs its oversight role in relation to Article 78(1) of the 1992 Constitution of Ghana; to determine whether Article 78(1) affects the oversight role of the Parliament of Ghana; and to contribute to public debate on whether Article 78(1) of the 1992 Constitution should be amended. To address the objectives of the Study, The 1992 Constitution of Ghana, The Standing Orders of the Parliament of Ghana, books on how the Parliament of Ghana functions, the internet and other sources of existing literature on parliamentary oversight role and executive-parliament relations were consulted. Further, questionnaires were administered to one hundred and twenty (120) Members of the House to collect primary data on the subject matter. Interview guides were also used to tap the experiences of seven (7) key informants including three (3) veteran Parliamentary Staff. The Study indicated that the Parliament of Ghana performs its oversight role by using its Committee System to undertake investigations and scrutiny of policies; asking Ministers Questions; and moving Motions. Furthermore, the Study revealed that Article 78(1) which places an injunction on the President to appoint majority of Ministers from the Parliament of Ghana, undermines the oversight role of the Parliament of Ghana. This is evidenced by the fact that 54.2% of those to whom questionnaires were administered and six (6) out of the seven (7) key informants interviewed thought Article 78(1) affects the oversight role of the Parliament of Ghana more adversely than favourably. The conclusion of the Study was that, Article 78(1) of the 1992 Constitution of the Republic of Ghana should be amended to have strict separation of powers in order to strengthen the Parliament of Ghana to perform its oversight role more effectively.
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A Thesis submitted to the Institute of Distance Learning, Kwame Nkrumah University of Science and Technology in partial fulfilment of the requirements for the Degree of Commonwealth Executive Master of Public Administration, September-2012
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