A critical analysis of the effectiveness of the Principle of separation of power in Uganda.
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Date
2014-04
Authors
Journal Title
Journal ISSN
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Publisher
Kampala International University, School of Law
Abstract
In multi party nations the doctrine of separation of power should put at the apex as people
have different political ideologies. This would not the case in states that have no multi party
system as all people and all authorities would be acting and or seen to be acting in the name
and in the interest of the all citizens who have a similar political thinking.
However, in a multi arty system of govemance, the opposition which is composed of the
advising members of the sitting govemment wi II always need to see that all arms of
government which happens to be the principle of the doctrine of separation of power
independent from each other.
Despite the fact that the executive is almost the appointing authority even of the judiciar). it
would be disrespect of the doctrine if the executive uses the opp01tunity to exploit the
judiciary and or direct it on how to do and conduct its work.
On the other hand the legislature comprised of the members of the ruling party and the
opposition, the executive should not direct its members on the conduct of their duties in the
August House as this would lead to infringement on the independence of the house and the
entire decisions there from.
Therefore all organs of the government should do and conduct their duties independently.
Bearing in mind that each arm has a duty of checking on the other in terms of how it has used
it powers. each ann should therefore diligently check on other in order to avoid misuse of
power so vested in each institution.
More so the respect of either institution by the other encourages rule of Ia" as cWt')
institution would conduct its self and its duties within the armpits of the powers so accorded
to it by the law and in the event that it supersedes its powers. the other institution will have tel
come in check on the same and the other will also respect the actions of the checking
institution.
Description
A dissertation to be submitted to the faculty of law in partial fulfillment of the requirements for the ward of a Degree of bachelor of laws at Kampala international university.
Keywords
Critical analysis, Separation of power, Uganda