Bagbin Calls for Stronger Constitutional Partnership Between Parliament and Judiciary

Story by Efua Nessa

Speaker of Parliament Alban Sumana Kingsford Bagbin has described the relationship between Parliament and the Judiciary as a constitutional partnership rather than a contest for power.

According to him, while the courts must respect Parliament’s democratic mandate, lawmakers must also recognise the Judiciary’s exclusive responsibility to interpret the Constitution.

Delivering a lecture to mark the 150th anniversary of the Supreme Court on Thursday, July 23, the Speaker praised the court’s role as a key institution in Ghana’s Fourth Republic, saying it has played a major part in upholding constitutional supremacy, protecting fundamental rights and maintaining democratic stability.

Mr Bagbin traced the history of the Supreme Court from its establishment in 1876 during the colonial era, through periods of military rule, to its current position as the highest guardian of the 1992 Constitution.

He noted that the court’s interventions, including its handling of the 2012 election petition, demonstrated its ability to resolve critical national disputes without undermining Ghana’s democratic progress.

However, the Speaker cautioned against judicial overreach into areas reserved for Parliament and the Executive, while also warning against excessive judicial restraint when constitutional rights and democratic institutions are under threat.

He called for greater consistency in constitutional interpretation, arguing that unpredictable shifts between strict textual interpretations and broader purpose-based approaches could create uncertainty for citizens, legislators and investors.

Looking ahead, Mr Bagbin urged the Supreme Court to prepare for emerging challenges involving artificial intelligence, data protection, climate change and international commerce.

He encouraged the court to use the next 150 years to strengthen its independence, transparency and accessibility, stressing that every judgment delivered should leave Ghana’s Constitution stronger than it was before.