Browsing by Author "Ssempagala, Allan"

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    The effect of culture on decision making in family law courts
    (Kampala International University, School of Law, 2019-09) Ssempagala, Allan
    Similarly, to the majority courts in different countries culture has continued to affect decision making. This is based on the fact the culture existed before the law. Therefore according to my observation law is just a modernized culture. It is also a tool to create social order just like culture is. In consideration of Uganda courts more especially family courts, it is observed that most of the cultures have got law governing them. In other words while deciding in family courts the law that is applied contains the component of culture in them. Uganda grants a right to culture to its citizen as applied under Article 37 of the Constitution though it doesn't show the limit of culture. There are also some other factors that affect decision making in family law courts including corruption, precedents, political pressure, public opinion and independence of judiciary leading to bad law hence miscarriage of justice. It should be observed that culture particularly Bugat1da culture has some components of discrimination therefore the law covers this discrimination to help all rights to be applied effectively. Culture has got a position in Uganda legal system and it is the law that is interpreted provide in arguing cases however there or some cultural components that are applied ineffectively leading to errors in decision making in family law courts