GOV • SHS 1Term 1WAEC / WASSCE SyllabusVIP Lesson
Key Democratic Principles & the Rule of Law
The Rule of Law, Separation of Powers, Checks and Balances, Representative Democracy, and Fundamental Human Rights.
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Real-World Context & Relevance in Ghana
The Supreme Court of Ghana striking down unconstitutional executive directives demonstrates judicial review and checks and balances.
Key Syllabus Learning Objectives
- 1Explain A.V. Dicey's three core tenets of the Rule of Law
- 2Analyze Montesquieu's doctrine of Separation of Powers and its modern operationalization
- 3Demonstrate how constitutional Checks and Balances operate in Ghana
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Comprehensive Syllabus Study Notes
• The Rule of Law (A.V. Dicey):
1. Supremacy of the Law: Absolute supremacy of regular law as opposed to arbitrary power or discretionary prerogative.
2. Equality before the Law: All citizens, regardless of social status, wealth, or political rank, are equally subject to the ordinary law of the land.
3. Protection of Fundamental Human Rights: Civil liberties are guaranteed and safeguarded by independent courts.
• Separation of Powers (Baron de Montesquieu):
- The three organs of government (Legislature, Executive, Judiciary) must be separated in personnel, functions, and powers to prevent tyranny and despotism.
• Checks and Balances:
- Each organ is equipped with constitutional powers to check and limit the abuses of the other organs (e.g. Presidential veto over bills; Parliament vetting ministerial nominees and approving budgets; Judiciary exercising Judicial Review to nullify unconstitutional laws).
- The Rule of Law (A.V. Dicey):
- Separation of Powers (Baron de Montesquieu):
- The three organs of government (Legislature, Executive, Judiciary) must be separated in personnel, functions, and powers to prevent tyranny and despotism.
- Checks and Balances:
- Each organ is equipped with constitutional powers to check and limit the abuses of the other organs (e.g. Presidential veto over bills; Parliament vetting ministerial nominees and approving budgets; Judiciary exercising Judicial Review to nullify unconstitutional laws).
Practical Example:
The Supreme Court of Ghana striking down unconstitutional executive directives demonstrates judicial review and checks and balances.
Core Takeaway:
Separation of powers and checks and balances go hand in hand: separation divides power; checks and balances prevents any single branch from becoming despotic.
WAEC / WASSCE Examiner Tips
- Separation of powers and checks and balances go hand in hand: separation divides power; checks and balances prevents any single branch from becoming despotic.
Common Candidate Pitfalls & Errors to Avoid
- Describing the rule of law as rule by law, that is, whatever the government enacts.
- Confusing separation of powers with a total ban on any overlap of personnel.
- Using absolute majority and simple majority as if they meant the same count.
- Claiming Parliament may reverse a court decision on a case already judged.
- Listing fundamental rights without naming the remedy or the court that enforces them.
Topic Mastery Checklist
- Explain A.V. Dicey's three core tenets of the Rule of Law
- Analyze Montesquieu's doctrine of Separation of Powers and its modern operationalization
- Demonstrate how constitutional Checks and Balances operate in Ghana
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