Separation of Powers at Risk: How Judicial Intervention Threatens Ghana’s Parliamentary Autonomy

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The Supreme Court’s recent intervention appears to encroach on the Speaker’s constitutional authority, potentially disrupting the balance of power outlined by Ghana’s framers. The Speaker’s role in interpreting parliamentary rules is not just procedural but is grounded in constitutional provisions, such as Article 110, which empowers Parliament to regulate its own procedures. When the judiciary swiftly overturns such rulings, it raises concerns about undermining the legislature’s autonomy and blurring the lines between coequal branches.

Ghana’s Constitution, in Articles 93 and 125, enshrines the separation of powers, clearly delineating the roles of the legislature, executive, and judiciary to prevent any concentration of authority. The judiciary’s frequent involvement in parliamentary matters risks transforming judicial review into judicial overreach. Should the courts readily override the Speaker’s decisions, especially on issues of parliamentary autonomy? It raises fundamental questions about whether the judiciary is merely interpreting the law or overstepping into the legislative domain.

Article 97(1)(g) provides criteria for vacating parliamentary seats, yet the judiciary should not replace parliamentary discretion with its own judgments whenever ambiguities arise. Parliament, in line with Article 109, is “the master of its own procedure,” capable of managing its internal affairs. When judicial decisions encroach upon this principle, they risk setting a precedent where the courts appear to be influencing political outcomes rather than adhering strictly to the adjudication of disputes.

The doctrine of “political questions,” implied by Article 122, cautions against judicial intervention in matters that are inherently tied to legislative practices and discretion. Has the Court, in its eagerness to assert authority, overlooked this safeguard, inviting a scenario where every parliamentary decision becomes subject to judicial scrutiny? Such shifts threaten to weaken legislative independence and cast doubt on the judiciary’s neutrality, potentially eroding public trust in the courts as impartial guardians of the Constitution.

Ernest Apetsi
Executive Secretary, Africa Development Council
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