The Acting Chief Justice, Mr Justice Edward K Wiredu on Monday said under the new administration, the Judiciary would be purged to ensure that qualified and courageous judges are appointed to the superior courts.
This is because "In the past some superior court judges had acted rather parochial in the bid to save their jobs".
Mr Justice Wiredu was speaking as guest of honour at a forum organised as part of activities marking the celebration of the Constitution Week in Accra.
He urged members of the judiciary to eschew political partisanship and display a sense of fairness, firmness and courage to "dispense justice without fear of favour".
The Acting Chief Justice said judges should also be versed in the law, so that their rulings and declarations would be authoritative to stand the test of time.
This, he said, would give meaning to the "confidence and independence of the judiciary".
Mr Justice Wiredu suggested that the 1992 constitution should be translated in various local languages and dialects to enable greater number of Ghanaians to gain knowledge of its provisions and promote the growth of the country's infant democracy.
He expressed the hope that the theme for the weeklong celebration, "The constitution and you", would promote constitutional awareness in the society with the view to empowering citizens to defend it.
The Acting Chief Justice said the celebration would also give Ghanaians the chance to re-assess the constitution in order that the necessary amendments could be suggested for reforms.
He said despite a few areas, which need to be modified and amended, the "Constitution can be said to be quite satisfactory legal document, which has established effective institutions and organs for the smooth administration of the country".
Mr Justice Wiredu gave the assurance that under the present government, the judiciary, through its powers of judicial review, would ensure that the constitution undergoes the necessary amendments.
"After only eight years of its existence, the 1992 Constitution is still young and needs to undergo a series of modifications and amendments to be able to stand the test of time".
Touching on Review Powers of the Judiciary, the Acting Chief Justice said under the 1992 Constitution, the Supreme Court has been given "unfettered powers to review Legislative enactments and Executive actions which are considered to be inconsistent with the constitution".
"In carrying out the functions of review, there is no doubt that the judiciary will provide effective checks and balances necessary for the working of all the democratic institutions in the country", he added.
Mr Justice Wiredu said such functions would also lead to the removal of obsolete and bad laws from the statute books, sustain the rule of law and prevent dictators from emerging in society.
Speaking on the topic, "Judicial Review as a Tool for Constitutional Amendment, Mr Justice George K. Acquah, Justice of the Supreme Court, said the practice of judicial review is associated with controversy.
He said many jurisdictions, governments and legislatures do not welcome the prospect of their action being nullified by the judiciary.
He said disputes as to the constitutionality of the action taken by the Legislature or Executive frequently generate bitter confrontations between state organs that tend to threaten the constitutional order itself.
Mr Justice Acquah noted that the practice of judicial review began in the US where although the constitution makes no express provision for it, evidence indicates that many people anticipated that the courts established by the constitution would exercise such powers.
He said the jurisdiction obviously then involves the interpretation and enforcement of the provisions, and the extent to which the exercise of this jurisdiction can serve as a tool for constitutional amendment.
It also depends largely on the "jurisprudential attitude of the individual judge engaged in the exercise of the interpretation", he added.
Mr Justice Acquah noted that although the 1969 and 1979 Constitutions had limited duration due to their abrogation by coup d'etats, there were few constitutional cases decided, that played a major role in laying down useful principles for judicial review in the country.
He said although most of the cases were controversial and created a bitter confrontation between the judiciary and the affected organs of government, they nonetheless, exhibited the genuine philosophical differences within the judiciary.
