Prof. Stephen Kwaku Azar Asare, a Democracy and Development Fellow at CDD-Ghana, has argued that while no constitution is perfect, crafting a new one doesn’t ensure better outcomes, as it would still face enforcement challenges and imperfections.
He noted that drafting a new constitution requires considerable resources, distracts from urgent governance issues, and risks polarizing the nation.
According to him, the current Constitution reflects historical struggles and compromises, and rewriting it could erase this heritage and delay urgent reforms.
Prof. Asare suggested that incremental amendments offer targeted improvements while preserving core principles.
“Drafting a new constitution raises fundamental questions: Who will be the framers? Who selects them? How do we build consensus? What margins of approval will ensure legitimacy? Historically, our constitutions have emerged from moments of rupture—colonial rule, military juntas, or autocratic systems. These crises created a collective mandate for change.
“However, there is no precedent in our history for replacing a functioning constitution. The 5th Constitution, despite its imperfections, provides a stable foundation for governance. Replacing it without a unifying mandate for change risks division and instability”.
Prof. Stephen Kwaku Azar Asare
Prof. Asare further emphasized that the Constitution is a living, evolving framework that adapts to governance and societal changes.
He stressed that it grows through deliberate amendments and strong enforcement, ensuring relevance while maintaining its core principles.
Accordingly, the Democracy expert maintained that abrupt changes, like a full replacement, risk destabilization.
He advocates for balanced, incremental reforms to foster growth while preserving the Constitution’s essence.
Prof. Asare noted that Article 289 allows Parliament to amend the Constitution through an Act.
As such, he pointed out that extraneous methods, like petitions or review commissions, lack a constitutional basis unless permitted by amendment.
He highlighted the 1996 amendments as a smooth process and pointed out current needs, such as ensuring equal citizenship, electing District Chief Executives, capping districts and ministers, and refining appointments of independent constitutional officers. “These issues are straightforward and do not require elaborate committees or drawn-out debates”.
Asare urged legislators to lead constitutional evolution through its provisions, preserving legitimacy and reflecting the people’s will.
He also called for urgent reforms in party and campaign financing to curb costly campaigns, abuse of power, and delegate bribery, which fuel corruption and weaken governance.
Asare Stresses Enforcement, Accountability Over Constitutional Overhaul
Prof. Stephen Kwaku Azar Asare dismissed the myth that a constitution must be rewritten to be more “developmental.”
He pointed to the U.S. Constitution’s success, not from design alone, but through enforcement, innovation, and work ethic.
Asare pointed out that constitutions guide but do not guarantee development, which depends on combating corruption, reducing waste, encouraging risk-taking, and ensuring accountability.
According to him, without enforcement, even the best constitution is ineffective.
“Constitutional effectiveness depends on institutions that are competent, independent, and accountable. Many challenges attributed to the Constitution are failures of enforcement, oversight, or accountability. Strengthening these mechanisms will yield more tangible results than rewriting the Constitution.
“Stability and progress rely more on institutional integrity and societal values than constitutional design alone. A constitution may guarantee judicial independence, but such guarantees are meaningless if judges lack integrity. No amount of constitutional design or legal protections can substitute for the personal and professional ethics required to uphold the rule of law”.
Prof. Stephen Kwaku Azar Asare
He stressed the importance of civic education, noting that an informed public is key to holding leaders accountable and ensuring constitutional principles are upheld. “As we mark this 32nd anniversary, let us celebrate the stability and resilience of our constitutional framework”.
Asare called for respecting the Constitution and addressing challenges through its established processes.
He emphasized stability, enforcement, and gradual reform over replacement as keys to lasting success.
According to Asare, the 5th Constitution reflects Ghana’s commitment to democracy, and its longevity is a shared achievement.
He urged continued focus on governance and enforcement to fulfill its promises for future generations. “GOGO wishes you a reflective and inspiring Constitution Day”.
Asare noted that as the country welcomes President Mahama and the 9th Parliament, may this day remind all citizens of the values of stability, governance, and the enduring principles that guide our nation.
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