Founding the Constitution of Uganda

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The book is divided into three parts, the first of which deals with Constitutionalism generally. The second part is dedicated to civil liberties and economic rights, namely, fundamental human rights, land and taxation. The last part of the book is dedicated to the Judiciary and its performance as the guardian of the Constitution. A synoptic table of the 1967 Constitution and the DC is included for purposes of general structural comparison.

Sujets

• Law

Informations

• Publié par: LawAfrica Publishing Ltd
• Date de parution: 29 décembre 2011
• Nombre de lectures: 0
• EAN13: 9789966530004
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

F OUNDINGTHE C ONSTITUTIONOF U GANDA Essays and Materials

F OUNDINGTHE C ONSTITUTIONOF U GANDA Essays and Materials

Editor Richard Okumu Wengi

Published by

LawAfrica Publishing (U) Ltd Office Suite No. 2 Plot 10A, Jinja Road (Opposite NEMA House) P.O. Box 6198 Kampala, Uganda Phone: [phone] Fax: [phone] LawAfrica Publishing (K) Ltd rd Top Plaza, 3 Floor Kindaruma Road (Off Ngong Road) P.O. Box 4260 - 00100 GPO Nairobi, Kenya Wireless: [phone] Cell: [phone] Fax: [phone]

LawAfrica Publishing (T) Ltd th Co-Architecture Building, 7 Floor India/Makunganya Street P.O. Box 38564 Dar-es-Salaam,Tanzania Phone: [phone] Fax: [phone] Email: [e-mail] Website: www.lawafrica.com

© Richard Okumu Wengi 2011;LawAfrica

ISBN 9966-031-10-5

Copyright subsists in this work. No part of this work may be reproduced or transmitted in any form or means, or stored in a retrieval system of any nature without the prior publisher’s written permission. Any unauthorized reproduction of this work will constitute a copyright infringement and render the doer liable under both criminal and civil law.

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T C ABLE OF ONTENTS

Page Preface ........................................................................................... ix Acknowledgement.......................................................................... xii Table of Cases................................................................................. xv Table of Statutes.............................................................................. xxi List of Abbreviations ....................................................................... xxix

Chapter I

P ART O NE - C ONSTITUTIONALISM

An Introduction to Constitutionalism (Dr. Grace Tumwine Mukubwa) ...............................................................................

Chapter II

3

The Constitution as a Basis of Political and Socio-Economic Development (E. SsempebwaProf. Frederick ) ............................. 31

Chapter III

A New Constitution in Uganda: Some Limitations and Issues (WengiRichard Okumu 43) ...........................................

Chapter IV

Citizenship - A Test for Democracy in Uganda (Frederick W. Jjuuko63) ..................................................................

Chapter V

Some Aspects of Fundamental Human Rights (Dr. Grace Tumwine Mukubwa77) ...............................................................................

vi

Richard Okumu Wengi Founding the Constitution of Uganda

P ART T WO - C IVIL L IBERTIES A ND E CONOMIC R IGHTS

Chapter VI

Land and Property Rights (Peter Mukidi Walubiri) ............................ 115

Chapter VII

Taxation, Spending Powers and Currency Regulation (WengiRichard Okumu ) ........................................................... 137

P ART T HREE - J UDICIAL R EVIEWAND E NFORCEMENT

Chapter VIII

The Judiciary as the Guardian of the Constitution (Dr. Grace Tumwine Mukubwa) ................................................................. 155

Chapter IX

Selected Constitutional Cases and Materials ................................... 169

Appendix

Synoptic Table:The 1967 Constitution and the Draft Constitution (DC) at a Glance ................................................ 203

Richard Okumu Wengi

T A HE UTHORS

Table of Contents

vii

Grace Tumwine Mukubwa, LL.B (Hons) (Dar) Dip L.P, LL.M; Dr., Jur. (Osgoode Hall,York) Associate Professor of Law, Makerere University P.M.Walubiri, LL.B (Hons) (MUK), Dip L.P, LL.M (London), Advocate; Lecturer in Law, Makerere University F.E. Ssempebwa, LL.B (Hons) (EA) LL.M (Belfast) Professor of Law; Advocate Richard Okumu Wengi, LL.B (Hons) (Dar) Dip L.P, LL.M (Vrije University Brussels) Advocate; Lecturer in Law, Makerere University Frederick W. Jjuuko, LL.B (Hons) (MUK) LL.M (MUK) Dip L.P, Advocate; Dean, Faculty of Law Makerere University

P REFACE

The 7 May 1994 edition of theEconomist contained an interesting advertisement seeking for Constitutional Lawyers. The announcement ran as follows:

Newly independent country seeks advice in the field, over a short period, not exceeding ninety days, from a British Constitutional Lawyer and similarly from an Islamic Constitutional Lawyer to prepare jointly a new Constitution.Travel and hotel expenses will be met...

Exciting enough for the appropriate candidate. But it was not surprising as it had been a current talk that some of the surviving members of Uganda’s most recent Constitutional Commission had been approached with similar offers of exotic adventures and Constitutional Missions around the developing world. Moreover, even that Commission and the Constituent Assembly had engaged similar “experts” from the Commonwealth. What was striking was the fact that some communities still made their Constitutions in this clinical manner.

The fact is that the crafting of a Constitution is both a legal and political ordeal. The craftsmen include devious politicians as well as men of good will and conscience and hard professionals. In our case, the prospective Constitution already has for its precedents the 1967 and earlier Constitutions and a Draft Constitution (DC) to go by. Although the DC is the legal point of reference for the new Constitution, it cannot escape the living ghost of its ancestors. Moreover, the document is ever menaced by the Odoki Commission Report which is itself derived to some extent from the views and memoranda garnered by the Commission from mainly the RC system (80%).

But more important is the spirit behind the creation, the composition, representative quality and the processes of the Constituent Assembly, its goings on etc.; all this is hopefully displayed on the giant screen set against the horizon for all to see. The past polities, alliances, conflicts, confrontations, enmities, associations as well as the current trends, economic realities, rewards, deprivations,