Strong defines the term “constitution” as a framework according to which a political society is structured, where permanent institutions with specific and pre-determined functions and rights are created, through law. The main functions of a constitution include satisfaction of the demands of citizens of a state that their rights will be protected and that the government power will be limited; guarantee that both the rights and responsibilities of the citizen and of the government are exercised according to fixed stipulations to prevent arbitrary decision-making and actions.2 The constitution also guarantee the political order that develops in a state, and according to which the governing function will take place, is structured and is in the interest of all concerned; and satisfies demands and expectations of separate communities that form a political unit concerned.3 A constitution therefore establishes legality and legitimacy of a political system and government of a state. The constitutional stipulations must be valid and generally acceptable. The political processes must run concordantly with the stipulations to attain its objectives such as improvement of its citizens‟ well being socially and economically through protection of their rights.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr.E.Y. Benneh at the Law Faculty, University of Ghana, Legon.