The Judiciary and the Democratization in Uganda: An Analysis of the Post 1986 Period.
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Date
2012-06
Authors
Journal Title
Journal ISSN
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Publisher
Kampala International University, School of law.
Abstract
The Research is majorly set out to critically examine the role of the Judiciary in
promoting democratization in Uganda during the post 1986 period. The study
covers the post 1986 period because this is the period when Ugandans more
than ever before have been pre occupied with the recognition, protection and
advancement of the basic rights and fundamental freedoms of the individual
and this period would therefore provide the best picture on the role being
played by the judiciary on the democratization process in Uganda.
The study centers on some of the laws which govern democratization and
electoral process in Uganda. These include the 1995 constitution of Uganda;
The Electoral Commission Act No. 160 of 2005; The Presidential elections
(Election Petitions) Rules 2001, The parliamentary Elections Act No. of 2005;
The parliamentary Elections (Election petitions) Rules S.1.141-2; Local
Governments Act Cap 243.
The goals / objectives of the research are to: (i) examine the role of the
judiciary in promoting democracy in a political transition; (ii) examine the
relevance and effectiveness of the electoral laws and petition procedures in
promoting democratization in Uganda; (iii) examine the manner and basis
upon which courts have decided election petitions; (iv) examine the integrity
of courts in deciding on cases involving political issues; (v) suggest
recommendations and solutions to any short-comings in judicial
independence electoral laws, petition procedures and public involvement in
democratization in Uganda.
The research basically employed qualitative methods of investigation. Because
the study is centered on the role of the judiciary in democratization, the
Researcher made use of decided cases and other relevant materials found in
libraries in and around Kampala.
The Researcher also obtained and made use of source materials obtained from
text books, law reports, relevant Acts, election reports, workshop papers,
newspaper and Articles from libraries. In addition, the Researcher got
additional information through oral interviews with respondents.
The main findings of the research is that despite the existence of an elaborate
framework of electoral laws, the electoral process does not necessarily
promote democracy in Uganda because of some draw backs in the legal
framework.
It was also found out that the power and ability of the judges to effectively
execute their functions, including making fair decisions on election petitions is
sometimes curtailed by external factors especially influence from the
executive.
Description
A research paper submitted as a Partial Fulfillment of the
Requirements for the Award of
Bachelor of Laws of Kampala
International University.
Keywords
Democratization, Judiciary, Analysis, Uganda