It is often said that the Executive has too much power. Critically discuss this assertion using relevant authorities

The assertion that the Executive has too much power has been critically discussed in various cases. In the case of Professor Stephen Kwaku Asare v. The Attorney-General, it was argued that the President's power to amend the Constitution should be limited. The court emphasized that there are elaborate and comprehensive procedures for amending both entrenched and non-entrenched provisions of the Constitution, which should be followed by Parliament.

The Constitution Review Commission was also mentioned as a means to present the views and opinions of the citizenry for constitutional amendments. Therefore, it can be inferred that the court recognized the need to balance the powers of the Executive and Parliament in the amendment process.

Similarly, in the case of Elikplim Agbemava v. Attorney-General and Alfred Tuah-Yeboah, the court emphasized the need to protect the power of the Superior Courts from interference by the President and other organs of the state. The court stated that the President's power to pardon should not extend to cover contemnors convicted by the court under its inherent jurisdiction. This indicates a recognition of the need to limit the Executive's power in certain areas to preserve the independence of the judiciary.

Furthermore, in Janet Naakarley Amegatcher v. The Attorney-General and The Electoral Commission, the court emphasized the presumption of constitutionality of legislation. It stated that legislation is presumed to be constitutional unless the contrary is proved. This suggests that the court recognizes the need to give legislation an operative construction and places the burden on those challenging its constitutionality to rebut this presumption. In conclusion, while the Executive does have significant powers, the courts have recognized the need to limit and balance these powers to ensure the proper functioning of the constitutional framework.

The cases discussed highlight the importance of following established procedures for constitutional amendments, protecting the independence of the judiciary, and upholding the presumption of constitutionality of legislation.