AN ACT OF PARLIAMENT:WHAT IS IT?
An Act of Parliament is a primary piece of legislation or statute that creates a new law or changes an existing one. It is considered the highest form of written law that a country’s legislature can pass, and once enacted, it is legally binding and applies to everyone within its jurisdiction.
The process of creating an Act involves several sequential steps. In Ghana, creating an Act involves the following:
First Reading: The future Act at this introductory stage called a Bill is introduced in Parliament by a Minister or Member of Parliament (MP) and published in the Official Gazette at least 14 days prior.Â
Committee Consideration: The Bill is referred to the relevant parliamentary committee, which reviews its policy, principles, and public input.
Second Reading & Debate: The House debates the committee’s report and principles of the Bill.Â
Third Reading: The final version of the Bill (with or without amendments) is passed.
Approval: The Bill must be passed by a majority vote in Parliament .
Assent/Presidential Assent: Once passed by the legislature, the Bill is presented to the Head of State and when he signs it, it formally becomes Act of Parliament. Then ,it is published in the national gazette as a legally binding Act and takes effect either immediately or on a specific future date outlined in the document.
Examples of Acts of Parliament in Ghana include the Criminal and Other Offences (Procedure) Act, 1960 (Act 30), the Environmental Protection Agency Act, 1994 (Act 490), and the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930). These Acts are officially published by the Parliament of Ghana.Â
What roles do Acts of Parliament serve?
Establishing the Rule of Law: They create clear, universal, and publicly accessible laws that every citizen and institution must follow, ensuring consistency and fairness.
Creating Frameworks and Rights: They establish rights, outline criminal and civil codes, and structure the regulatory frameworks for vital institutions, such as the Parliament of Ghana.
Democratic Legitimacy: Because they are passed by elected representatives, Acts reflect the will of the people and provide a legitimate mandate for governance.
Authorizing Government Action: They provide the legal authority for the government to collect taxes, allocate the national budget, and implement public policies.
Ensuring Accountability: They empower Parliament to perform executive oversight, holding state entities accountable to the laws and budgets that Parliament itself enacted.Â