Founding the Constitution of Uganda
242 Pages
English
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Founding the Constitution of Uganda

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242 Pages
English

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The book is divided into three parts, the first of which deals with Constitutionalism generally. The second part is dedicated to civil liberties and economic rights, namely, fundamental human rights, land and taxation. The last part of the book is dedicated to the Judiciary and its performance as the guardian of the Constitution. A synoptic table of the 1967 Constitution and the DC is included for purposes of general structural comparison.

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Published 29 December 2011
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EAN13 9789966530004
Language English
Document size 1 MB

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FOUNDINGTHECONSTITUTIONOFUGANDA Essays and Materials
FOUNDINGTHECONSTITUTIONOFUGANDA Essays and Materials
Editor Richard Okumu Wengi
Published by
LawAfrica Publishing (U) Ltd Office Suite No. 2 Plot 10A, Jinja Road (Opposite NEMA House) P.O. Box 6198 Kampala, Uganda Phone: +256 41 255808 Fax: +256 41 347743 LawAfrica Publishing (K) Ltd rd Top Plaza, 3 Floor Kindaruma Road (Off Ngong Road) P.O. Box 4260 - 00100 GPO Nairobi, Kenya Wireless: +254 20 2495067 Cell: +254 708 898 189 Fax: +254 20 2495067
LawAfrica Publishing (T) Ltd th Co-Architecture Building, 7 Floor India/Makunganya Street P.O. Box 38564 Dar-es-Salaam,Tanzania Phone: +255 22 2120804/5 Fax: +255 22 2120811 Email: sales@lawafrica.com Website: www.lawafrica.com
© Richard Okumu Wengi 2011;LawAfrica
ISBN 9966-031-10-5
Copyright subsists in this work. No part of this work may be reproduced or transmitted in any form or means, or stored in a retrieval system of any nature without the prior publisher’s written permission. Any unauthorized reproduction of this work will constitute a copyright infringement and render the doer liable under both criminal and civil law.
Application for permission for use of copyright material including permission to reproduce extracts in other published works shall be made to the publishers. Full acknowledgement of the author, publisher and source must be given.
Whilst every effort has been made to ensure that the information published in this work is accurate, the author, the editors, publishers and printers take no responsibility for any loss or damage suffered by any person as a result of reliance upon the information contained herein.
T C ABLE OF ONTENTS
Page Preface ........................................................................................... ix Acknowledgement.......................................................................... xii Table of Cases................................................................................. xv Table of Statutes.............................................................................. xxi List of Abbreviations ....................................................................... xxix
Chapter I
PARTONE- CONSTITUTIONALISM
An Introduction to Constitutionalism (Dr. Grace Tumwine Mukubwa) ...............................................................................
Chapter II
3
The Constitution as a Basis of Political and Socio-Economic Development (E. SsempebwaProf. Frederick ) ............................. 31
Chapter III
A New Constitution in Uganda: Some Limitations and Issues (WengiRichard Okumu 43) ...........................................
Chapter IV
Citizenship - A Test for Democracy in Uganda (Frederick W. Jjuuko63) ..................................................................
Chapter V
Some Aspects of Fundamental Human Rights (Dr. Grace Tumwine Mukubwa77) ...............................................................................
vi
Richard Okumu Wengi Founding the Constitution of Uganda
PARTTWO- CIVILLIBERTIESANDECONOMICRIGHTS
Chapter VI
Land and Property Rights (Peter Mukidi Walubiri) ............................ 115
Chapter VII
Taxation, Spending Powers and Currency Regulation (WengiRichard Okumu ) ........................................................... 137
PARTTHREE- JUDICIALREVIEWANDENFORCEMENT
Chapter VIII
The Judiciary as the Guardian of the Constitution (Dr. Grace Tumwine Mukubwa) ................................................................. 155
Chapter IX
Selected Constitutional Cases and Materials ................................... 169
Appendix
Synoptic Table:The 1967 Constitution and the Draft Constitution (DC) at a Glance ................................................ 203
Richard Okumu Wengi
T A HE UTHORS
Table of Contents
vii
Grace Tumwine Mukubwa, LL.B (Hons) (Dar) Dip L.P, LL.M; Dr., Jur. (Osgoode Hall,York) Associate Professor of Law, Makerere University P.M.Walubiri, LL.B (Hons) (MUK), Dip L.P, LL.M (London), Advocate; Lecturer in Law, Makerere University F.E. Ssempebwa, LL.B (Hons) (EA) LL.M (Belfast) Professor of Law; Advocate Richard Okumu Wengi, LL.B (Hons) (Dar) Dip L.P, LL.M (Vrije University Brussels) Advocate; Lecturer in Law, Makerere University Frederick W. Jjuuko, LL.B (Hons) (MUK) LL.M (MUK) Dip L.P, Advocate; Dean, Faculty of Law Makerere University
P REFACE
The 7 May 1994 edition of theEconomist contained an interesting advertisement seeking for Constitutional Lawyers. The announcement ran as follows:
Newly independent country seeks advice in the field, over a short period, not exceeding ninety days, from a British Constitutional Lawyer and similarly from an Islamic Constitutional Lawyer to prepare jointly a new Constitution.Travel and hotel expenses will be met...
Exciting enough for the appropriate candidate. But it was not surprising as it had been a current talk that some of the surviving members of Uganda’s most recent Constitutional Commission had been approached with similar offers of exotic adventures and Constitutional Missions around the developing world. Moreover, even that Commission and the Constituent Assembly had engaged similar “experts” from the Commonwealth. What was striking was the fact that some communities still made their Constitutions in this clinical manner.
The fact is that the crafting of a Constitution is both a legal and political ordeal. The craftsmen include devious politicians as well as men of good will and conscience and hard professionals. In our case, the prospective Constitution already has for its precedents the 1967 and earlier Constitutions and a Draft Constitution (DC) to go by. Although the DC is the legal point of reference for the new Constitution, it cannot escape the living ghost of its ancestors. Moreover, the document is ever menaced by the Odoki Commission Report which is itself derived to some extent from the views and memoranda garnered by the Commission from mainly the RC system (80%).
But more important is the spirit behind the creation, the composition, representative quality and the processes of the Constituent Assembly, its goings on etc.; all this is hopefully displayed on the giant screen set against the horizon for all to see. The past polities, alliances, conflicts, confrontations, enmities, associations as well as the current trends, economic realities, rewards, deprivations,