Explainer: How Legislative Instruments come into force

Orders, rules and regulations are provided for in Article 11 of Ghana’s constitution.

They have a special means of coming into force which is quite different from normal laws considered and passed by parliament.

Under Article 11, they must be laid before Parliament, published in the Gazette on the day it is laid before Parliament; and come into force at the expiration of twenty-one sitting days after it is laid, unless Parliament, before the expiration of the twenty-one days, annuls the Order, Rule or Regulation by the votes of not less than two-thirds of all the members of Parliament.

The Supreme Court has in a number of cases explained this type of law-making process. In the case of Opremreh v Electoral Commission and Attorney-General, the court ruled that Parliament cannot make any changes to orders, rules or regulations once they are laid.

However, it can annul them by the votes of not less than two-thirds of all Members of Parliament.

The case of Mensah v Attorney General, also provided some clarity on this issue. Per the court, such laws come into force after 21 sitting days of Parliament.

Parliament has as a result developed the practice of having further engagements on such proposed law before they are laid.

The L.I which seeks to allow MPs and some key government officials to use sirens, while exempting them from speed limits, was laid in Parliament on June 14, and has since drawn heated public discussions, with a section of the public calling for its withdrawal.

The sponsors of the L.I. have since withdrawn the proposed law.

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