Excerpt
The Ghana Law Reform Commission (GLRC) plays a critical role in ensuring that the country’s legal framework remains relevant and aligned with modern developments. This article provides an in-depth look at the historical background, operations, constitutional basis, leadership, and current status of the GLRC.
Historical Overview
The GLRC was established in 1968 under the Law Reform Commission Act, 1968 (NLCD 288).
- The commission was created to study and recommend improvements to existing laws, ensuring that Ghana’s legal system evolves to meet societal needs.
- Initially, it focused on reviewing colonial-era laws that had become obsolete or incompatible with Ghana’s independence and its socio-economic aspirations.
- Over the years, the GLRC has expanded its mandate to address issues like human rights, modernization of business laws, and alignment with international treaties.
Operations
The commission operates as an independent body tasked with reviewing, updating, and reforming Ghana’s legal framework. Its core functions include:
Research and Consultation:
- Conducting extensive research on existing laws and soliciting public input.
Recommendations:
- Proposing amendments, repeals, or new legislation to the Attorney-General or Parliament.
Drafting Legislation:
- Assisting in the preparation of bills to update or replace outdated laws.
Public Engagement:
- Organizing workshops, seminars, and conferences to educate stakeholders and gather input.
Constitutional Backing
The GLRC is backed by Article 106(13) of the 1992 Constitution, which emphasizes the need for comprehensive consultation and input in legislative processes. While the Law Reform Commission Act provides a specific legal framework, its operations are guided by the principles of Ghana’s constitutional democracy.
Offices and Leadership
Key Offices:
Chairperson:
- Heads the commission and oversees its strategic direction.
Secretary:
- Responsible for administrative and operational tasks.
Research and Legal Drafting Unit:
- Conducts legal research and prepares legislative drafts.
Public Engagement Unit:
- Facilitates communication and public consultations.
Structure:
The GLRC comprises legal experts, researchers, and administrative staff working collaboratively to fulfil its mandate.
Leadership and Method of Appointment
Chairperson and Commissioners:
- Appointed by the President of Ghana in consultation with the Council of State, as stipulated in the Law Reform Commission Act.
Tenure:
- Commissioners typically serve a fixed term, which is renewable based on performance.
Expert Appointments:
- Additional experts may be engaged on a temporary or project basis for specialized reforms.
How the Commission Functions
The commission’s process involves the following steps:
Identification of Areas for Reform:
- Based on societal needs, legal gaps, or government requests.
Research and Analysis:
- Examining current laws, comparative studies, and public input.
Drafting Recommendations:
- Developing proposals for reform and submitting them to the Attorney-General.
Legislative Process:
- Working with Parliament to refine and enact proposed changes.
Monitoring and Evaluation:
- Reviewing the impact of reformed laws post-implementation.
Oversight
The GLRC is overseen by the Ministry of Justice and the Attorney-General’s Department, which ensures that its recommendations align with national policy objectives.
Current Status and Leaders
Current Leadership:
- The Chairperson is appointed by the President;
Recent Initiatives:
- Ongoing projects include reforms in family law, criminal justice, and commercial law to align with global standards.
References:
- Law Reform Commission Act, 1968 (NLCD 288)
- 1992 Constitution of Ghana, Article 106(13)
- Ghana Ministry of Justice: www.mojagd.gov.gh
- Publications and reports by the Ghana Law Reform Commission.