The practicability of the rule of law in Uganda: a critique
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Date
2017-06
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Kampala International University; School of Law
Abstract
The 1995 Constitution provides a broad framework for observance of the Rule of Law. In its most basic form, the Rule of Law is about the principle that no one is above the law. The principle is intended to safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. It guards against excesses by the State, its agencies and the people that would foment dictatorship and anarchy. It fosters the welfare of the people and their nation by stipulating observance of rights and freedoms, security of persons and property and effective service delivery and guarding against injustices in all spheres of life. The Uganda Law Society (ULS) Strategic Plan (2017- 2021) has provided for the promotion and upholding of the Rule of Law as its third strategic thrust. In a bid to roll out this strategy, the ULS has:
a) Set up a High-Level Rule of Law Advisory Panel supported by an in-house Rule ofLaw
b) Officer;
c) Introduced the ULS Quarterly State of the Rule of Law Report;
d) Established the Annual High-Level Stakeholders' forum on rule of law issues in October;
e) Enhanced its strategic Public Interest Litigation and Advocacy campaign;
f) Created the Coalition in Support of the Independence of the Judiciary (CISTIJ);
g) Set up a Rule of Law Club program to be rolled out in universities and secondary schools; and is
h) Working towards establishment of an effective and supportive Rule of Law Fund.
This Report is the first of the new series intended to highlight positive developments and major challenges registered during each quarter of the year with regard to the Rule of Law, and to offer proposals for improvement. The Report selects specific incidents affecting the Rule of Law indicating their legal implications and pointing to issues of concern that require additional attention and follow-up by all the key stakeholders. For sources, the Report draws from Government documentation, the media, the legal fraternity and members of the public. In each of the Reports, issues of concern will be clustered under five main headings nan1ely: checks and balances, due process and a climate of legality, human rights, transparency and accountability and general issues.
It is our belief that a continuous follow-up on the recommendations in the report will lead to the creation of an environment that promotes and upholds the Rule of Law at all times. Working with strategic partnerships among the JLOS institutions and stakeholders, the ULS will follow up on the practical recommendations made for the attention of policy and decision makers.
Description
A research report submitted to the School of Law in partial for the requirement of the fulfillment for the Award of a Bachelor’s Degree in Law at Kampala International University
Keywords
Practicability, Rule of law, Uganda