Wholesale constitutional reform not practicable – Professor Quashigah

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Professor Kofi Quashigah, a constitutional law expert, has cautioned against wholesale constitutional reform in Ghana, warning that sweeping changes could prove legally impracticable and destabilising.

He explained that the stringent requirements under Article 290 made such reforms difficult to achieve, particularly within limited political timelines.

Prof Quashigah  gave the caution at a policy dialogue organised by the Institute for Democratic Governance (IDEG) in Accra.

“Wholesale constitutional reform is not feasible under the current constitutional framework, particularly due to the strict provisions governing amendments,” he stated.

The event, held on the theme “Towards Effective Constitutional Amendment: The Necessity of Legal and Institutional Safeguards,” was organised by IDEG in collaboration with Oxfam.

It brought together legal scholars, policy analysts, political party representatives, civil society organisations and youth leaders.

Prof Quashigah acknowledged that amendments to non-entrenched provisions may be achievable but expressed doubt about completing major reforms within the lifespan of a single government administration.

He emphasised that constitutional reform must be approached in a structured, incremental manner to avoid unintended consequences across the broader legal and institutional framework.

Prof Quashigah noted that regardless of any amendments made, public dissatisfaction with governance would continue to drive demands for further changes, hence the need for a more flexible and responsive amendment process.

Touching on the way forward, he stressed the need for strong, specialised institutions to oversee and sustain the amendment process, rather than relying on ad hoc arrangements.

Prof Quashigah, drawing inspiration from practices in Illinois and California, advocated a continuous approach to constitutional review.

He proposed institutionalising periodic reviews every 20 to 25 years to sustain public participation and ensure the Constitution reflects contemporary needs.

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