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Virgin Blogger Blog of Thursday, 30 July 2026

Source: Christopher A. Ranson

When the Constitution Speaks: Why Constitutional Methodology Matters More Than Constitutional Controversy

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A Constitution does not speak in order to win an argument. It speaks in order to preserve a Republic.

Every constitutional controversy eventually passes. The Constitution remains. Long after the headlines have faded and political actors have left the stage, the principles by which we interpret our Constitution continue to shape the Republic. That is why, before asking what Article 66 of Ghana's 1992 Constitution means, we should first ask a more fundamental question:

*How should the Constitution be interpreted?*

That question is larger than any single constitutional dispute. It is worth noting that President John Dramani Mahama has publicly stated that he does not intend to seek a third term. The constitutional questions now attracting public attention therefore extend beyond the personal intentions of any individual officeholder. They concern the proper interpretation of the Constitution itself.

Every constitutional interpreter eventually confronts an unavoidable reality. Words are seldom as simple as they first appear. The distinguished Canadian scholar Ruth Sullivan captures this reality with characteristic clarity when she observes:

«"Anyone who spends time studying language and interpretation soon comes to appreciate the complexity and uncertainty inherent in any effort to interpret a text."»

If constitutional interpretation is inherently complex, how should judges respond?

The answer is found in the scholarship of Ghana's own Justice Dennis Dominic Adjei. In Modern Approach to the Law of Interpretation in Ghana (3rd ed., reprinted 2021), he writes:

«"It is important to note that interpretation should take account of the words according to their ordinary meaning as well as the context in which the words are used together with the scope, purpose and the background of the legislation or the written instrument."»

Although writing from different legal traditions, Sullivan and Justice Adjei arrive at the same destination. Constitutional meaning is not discovered by isolating words or phrases. It emerges from a disciplined reading of the text, the context, the structure and the purpose of the Constitution as a coherent whole.

The value of that methodology is best appreciated by applying it to Article 66 itself.

*Article 66(1)* provides:

«"A person elected as President shall, subject to clause (3) of this article, hold office for a term of four years beginning from the date on which he is sworn in as President."»

*Article 66(2)* provides:

«"A person shall not be elected to hold office as President of Ghana for more than two terms."»

At first sight, these two provisions appear deceptively simple. Many readers may wonder, What is there to argue about? Yet constitutional history teaches us that some of the most enduring legal controversies have arisen not from obscure provisions, but from words that appeared perfectly ordinary until thoughtful minds began asking what those words meant within the Constitution as a whole.

If constitutional interpretation were merely an exercise in consulting a dictionary, judges would rarely disagree. Yet constitutional adjudication has never been that simple. Constitutions are not drafted for dictionaries; they are drafted for nations. Their words derive meaning from the principles they embody, the history from which they emerged and the constitutional order they were designed to sustain.

A holistic methodology therefore proceeds systematically.

It first asks: What do the words ordinarily mean?

It then asks: How do clauses (1) and (2) relate to one another? Why did the framers place the four-year presidential term and the two-term limitation within the same constitutional article?

Next comes the structural question. How do these provisions fit within the Constitution as a whole, particularly its commitment to democratic governance, periodic elections, executive accountability and the peaceful transfer of political power?

Finally comes the purposive question. What constitutional objective do these provisions collectively serve?

Only after considering all these questions together does the interpreter ask the ultimate constitutional question:

When the text, context, structure and purpose are read as one coherent whole, what meaning does the Constitution itself disclose?

Notice what this methodology accomplishes.

It does not begin with a preferred answer.

It begins with the Constitution.

The discipline of constitutional interpretation therefore does not require judges to begin with an answer. It requires them to begin with the Constitution. Only when the text, context, structure and purpose have been considered together can the Constitution truly be said to have spoken.

A Constitution is more than a legal document. It is a conversation between one generation and the next about how power should be exercised and how liberty should be preserved. Every Ghanaian, regardless of political persuasion, has a stake in knowing that the Constitution means today what it will mean tomorrow. That confidence is the foundation of the rule of law and the quiet strength of every enduring Republic.

It is therefore entirely proper for lawyers, constitutional scholars and concerned citizens to seek judicial clarification of important constitutional questions, not because a political event is imminent, but because constitutional certainty is itself a public good. The Supreme Court's constitutional role is not simply to resolve disputes, but to provide authoritative guidance that strengthens the rule of law and preserves public confidence in the Constitution.

A Constitution does not speak in order to vindicate political ambitions or defeat political opponents. It speaks to preserve the Republic, to restrain power, to protect liberty and to ensure that the law remains greater than those who govern under it. In the end, constitutional methodology matters because the future of a constitutional democracy depends not merely on the answers courts reach, but on the principled path by which they arrive at them.