Professor H. Kwasi Prempeh, Chairman of the Constitutional Review Committee, has cautioned Ghana's political leaders against designing constitutional and governance reforms based on their current political fortunes. He argued that today's governing party could easily become tomorrow's opposition. This warning comes as Ghana continues to navigate its democratic journey, with calls for robust and fair institutional frameworks.
Professor Prempeh, a constitutional law scholar, stated that a significant weakness in Ghana's political culture is the tendency for parties to support or oppose reforms based on whether they believe they will gain politically. He made these remarks during an interview on Accra-based Woezor TV on Sunday, August 2. He stressed that constitutional reforms should be framed with future generations in mind, not the immediate interests of current governments or opposition parties. This approach aims to create enduring legal structures that transcend short-term political cycles.
This perspective is crucial for Ghana's economic stability and governance. The nation's political landscape often sees shifts in power, making it imperative that laws are not transient. Past instances of policy reversals following changes in government have sometimes created uncertainty for investors and hindered long-term development projects. Ensuring constitutional rules are fair, regardless of which party is in power, fosters a more predictable and stable environment for economic growth and public finance management.
Professor Prempeh explicitly stated, "What we need to do is look at reforms not from the vantage point of where we are sitting today or where we will be sitting tomorrow." He further noted that political actors often mistakenly assume their current position is permanent, influencing their response to proposed constitutional changes. Governing parties frequently champion reforms they believe will reinforce incumbency advantages, while opposition parties resist these same proposals. Such short-sighted calculations often prove incorrect, as political power is never guaranteed.
He challenged the perception that wealth and access to state resources automatically determine electoral success in Africa. Professor Prempeh pointed out that if financial resources alone decided elections, incumbent governments across the continent would never lose office. He observed that despite incumbents commanding enormous state resources, opposition candidates have repeatedly overcome these odds to win elections. This demonstrates that democratic competition remains possible despite resource disparities.
Drawing on political philosophy, Professor Prempeh urged leaders to adopt a more impartial approach to constitutional reforms. He referenced the late American philosopher John Rawls' concept of the "veil of ignorance." This theory proposes that rules governing society should be designed without knowledge of one's future position within that society. Policymakers should imagine they do not know whether they will be in government, opposition, or outside politics altogether before deciding on appropriate constitutional arrangements.
Professor Prempeh explained, "When you are making rules to govern a country or society, you must place yourself behind what John Rawls called the veil of ignorance." He argued that such an approach would encourage fairness and discourage political actors from pursuing reforms solely for partisan advantage. This philosophical grounding provides a robust framework for crafting laws that serve the broader public interest rather than narrow political agendas.
The Constitutional Review Committee Chairman expressed concern that debates surrounding governance reforms often become polarized. Parties tend to focus more on who benefits today rather than what serves the country's long-term interests. He emphasized that constitutional provisions should outlive governments and continue to function effectively irrespective of changes in political leadership. He therefore urged political parties to evaluate reform proposals on their national merit rather than through partisan calculations, ensuring Ghana's legal framework remains resilient and equitable for all citizens.