Explainer: How Legislative Instruments come into force



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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withdrawn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.