NAME: GIDEON KOFISON LARTEVI

COURSE: CONSTITUTION LAW 1

COURSE CODE: PULA 103

INDEX NUMBER: PULB/23220003

ASSIGNMENT: WRITE ON THE ARMS OF GOVERNMENT

Government as a system would certainly have major divisions or organs that would help it
function efficiently. John Locke and Montesquieu, in defining the concept of separation of
powers, broadly define the various major functions of a state upon which the arms of
government can be conveniently derived. They indicate the roles of making laws, enforcing
laws and adjudicating on the law. This brings to mind the concept of the Arms of government.
The organs or arms of government are the various institutions that are mandated by the
constitution to carry out critical roles within the system of government. In every governance
system certain critical roles must be highlighted. These roles involve; making policies,
implementing laws and policies, making laws and adjudicating on disputes on the basis of the
laws. These critical roles must be backed by the necessary authority and power.
Ghana as a state, has three major arms of government. There are the Executive, Legislature
and Judiciary. Thus the 1992 constitution of the Republic of Ghana clearly delineates the
roles and functions the various arms of government. Chapter 8 of the 1992 constitution talk
about the Executive, chapter 10, Legislature, and chapter 11, Judiciary.
The Executive
The Executive Arm of Government is duly outlined in chapter 8 of the 1992 constitution of
Ghana. The Executive arm of government is primarily charged with formulating policies and
implementing laws. It is that arm of government that is seen to be doing a chunk of
governance. The overall power and authority are wielded in the Executive by the President.
Article 57(1) (2) of the 1992 constitution lends credence to this. It reads “(1) There shall be
a President of the Republic of Ghana who shall be the Head of State and Head of
Government and Commander in Chief of the Armed Forces of Ghana. (2) The President
shall take precedence over all other persons in Ghana; and in descending order, the Vice
President, the Speaker of Parliament and the Chief Justice, shall take precedence over all
other persons in Ghana. The mandate of the Executive arm of Government is the most
extensive of all the arms of Government. Thus, the Executive has a large number of
institutions under it that help in executing its functions. Some of these are the Ministries,
Local government, Cabinet and Other Institutions. These institutions under the Executive arm
of government can be grouped into various forms based on their functions and distinct
features. The various classifications can be Operational institutions, Advisory institutions and
other institutions.
Operational Institutions.: These are the institutions under the Executive that perform the
main operations and responsibilities of the Executive arm of Government. Some of these
institutions are the Ministries, Cabinet and Local Government. Article 78(1) (2) of the 1992
Constitution gives the President the power to create Ministries and appoint ministers for the
efficient running of the State. The ministries created under the Executive are responsible for
the day to day running of government business.
Cabinet is also another important institution within the Executive arm of government. It is
charged with assisting the President in the determination of general policy of the government.
It consists of the President, Vice President and not more than nineteen ministers of state.
Another relevant institution or body within the Executive is the Local government. Article
240(1) of the 1992 constitution establishes a system of Local government. Local government
in essence is decentralizing governance at the various local levels. Local levels are
respectively categorized into Metropolitan, Municipal, and District Assemblies. Their main
function is to formulating and executing plans, programmes, strategies for effective
development of districts.
Advisory institutions. Within the Executive arm of government, there are some institutions
which play an advisory role to Government. Mention can be made of the Council of State and
the National Development Planning Commission. The Council of State’s role as an advisory
body is amply defined in Article 89(1) of the 1992 constitution. It reads “There shall be a
Council of State to counsel the President in the performance of his functions”.
Article 86(1)(2)(3), of the 1992 constitution creates the office of the National Development
Planning Commission. Article 87(1) gives the mandate of the National Development
Planning Commission as of advising the President on development planning policy and
strategy.
Other Institutions: These institutions are largely seen to independent and have a special
constitutional mandate. These institutions are not involved in the functions of the Executive
in any way. These institutions also have a special mandate conferred on them by the 1992
Constitution of Ghana. Moreso, they do not also fall within the other known arms of
government. Mention would be made of Electoral Commission of Ghana and the
Commission on Human Rights and Administrative Justice.
Article 43 of the 1992 constitution establishes the Electoral Commission. The functions of the
Electoral Commission are also stipulated in Article 45 of the Constitution.
Article 216 of the 1992 constitution of Ghana establishes the Commission on Human Rights
and Administrative Justice. Its functions are accordingly stipulated in Article 218 of the
constitution.

The Legislature
The legislature is another important arm of government. It is that arm that is essentially
charged with making Laws. It does this by making bills for which the President must assent
to before it becomes law. Members of Parliament are voted for by the citizenry to represent
them on the basis of their respective constituencies. Chapter 10 of the 1992 constitution
highlights the institution of Parliament. Aside the principal function of making laws,
Parliament also performs other relevant roles. Parliament approves or rejects ministerial
appointees and other specified office holders appointed by the President. Additional functions
and workings are stipulated in the Standing Orders of Parliament.
The Judiciary
The Judiciary, as an arm of government, comes with significant mention. They are primarily
mandated with adjudicating disputes on the basis of the law, interpreting laws and sometimes
making laws by judicial precedent. Chapter 11 of the 1992 constitution stipulates institution
of the Judiciary in sufficient detail. The Judiciary plays a very crucial role in the
administrative of Justice and the maintenance of law and order.

CONCLUSION
From the foregoing it is abundantly clear that there are mainly three arms of Government
namely; the Executive, Judiciary, and Legislature. In that governance in any jurisdiction
revolves pivotally around the functions of these arms of government. The functions of these
arms of government also give a definition and distribution of the powers of a state. Thus,
Article 57(2) of the 1992 constitution of Ghana, amply defines the hierarchy and distribution
of the powers of the state among the heads of the various arms of government. It reads “The
President shall take precedence over all other persons in Ghana; and in descending order,
the Vice President, the Speaker of Parliament and the Chief Justice, shall take precedence
over all other persons in Ghana.” This Article clearly indicates that the arms of government
can only be the Executive, Legislature and Judiciary.

REFERENCES
1. Constitution of the Republic of Ghana, 1992