An analysis of the doctrine of the basic structure of the constitution and its relevance in Uganda.

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Kampala International University.College of Law
This research attempts to settle the controversies surrounding constitutional amendments in Uganda. In the recent years, constitutional amendments have become a do or die issue in many instances and most especially the latest age-limit amendment which drew various arguments including questioning the powers of Parliament to do so. The parliament is a constitutionally mandated organ with powers to amend the Constitution under aiticle 259. However, this power is exercised in accordance with the Constitution which include compliance with the laid down procedures for flexible and rigidly entrenched provisions, certificate of compliance when being presented for presidential assent. This research shall analyse the roles of Parliament and the Judiciary in the constitutionalism of Uganda and the extent to each organ's independence which brings into play 'Judicial checks' through the concept of the Basic Structure of the Constitution which is a tool for checking the validity of the amendment. The nature of the 1995 Constitution of Uganda shall also be the subject of discussion in this work to help in proper conceptualisation of the Doctrine of the Basic Structure in constitutional law. The research also shall inter alia identify the Basic features of the 1995 Constitution as amended and report any violations of the Basic structure if any. The research will also investigate any abuse of legislative powers by Parliament in the post 1995 era which helps to explain the necessity to check the Parliament by the Judiciary. The work shall report its findings, conclusions and make possible recommendations to help improve constitutionalism in Uganda.
Research dissertation submitted to the Faculty of Law in partial fulfilment for the award of a bachelor's degree in Law of the Kampala International University (Uganda
Doctrine, Structure, Constitution, Relevance