Contemporary Constitutional Issues in our Multiparty Democracy generate for the people of Ghana qualitative and accessible healthcare, food and water, education and cash in people ' s pockets. Our Constitution has the capacity to do this if only we work hard at it. “ For in the final analysis constitutional governance is not only about politics, more importantly it is about the economy ” . 7 Political governance is a mere framework, economic governance is the substance that must populate the framework. To do this effectively, we need to take a very close look at the Directive Principles of State Policy and decide on how best to operationalize them with or without an amendment to the 1992 Constitution. It is the Rt. Hon. Peter Ala Adjetey who said during the Re Akoto Lectures of 2006, and at page 31, that: “ It is respectively submitted that all the provisions of our 1992 Constitution, including the well-known Directive Principles of State Policy, are justiciable. Re Akoto must not be allowed to rear its ugly head again in the administration of justice in this country. ” The point that the Rt. Hon. Adjetey was making is that a refusal to give full force to the Directive Principles of State Policy in Chapter 6 of the 1992 Constitution is equivalent to holding, as was done by the Supreme Court in the Re Akoto Case, that where a President is told that he “ should ” respect fundamental human rights, he may choose not to respect them because the word “ shall ” was not used in the injunction. There are other articles that need a careful reconsideration in our Constitution. These include article 39 on the integration of appropriate customary values into the fabric of national life and the preservation and protection of places of historical interest and artifacts. Why do these critical issues not surface in all the noise about Constitutional reform? There are many reasons. First is the tyranny of the media. One critical observer has recently noted: “ Sociology and psychology have shown that the media can play a central role in influencing people ' s opinions and decisions. At what point does this influence interfere with the individual ' s capacity to evaluate and discern freely? And where does one draw the line between influence and manipulation … ? Indeed it has now 7 Justice D.F. Annan, Ten Years of Constitutional Rule: 1993 to 2003, A Decade of Continuous Constitutional PracticePerspectives from Parliament, IEA Governance Newsletter(August, 2003). 15
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Contemporary constitutional issues in our multiparty democracy : 22nd April, 2009, British Council Hall, Accra ; 2009 Annual Law Week celebration, Ghana School of Law, 20th - 26th April. 2009
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