KEITH BUSINGYE LAW GUIDE; constitutional law question and answers.

KEITH BUSINGYE LAW GUIDE                               CONSTITUTIONAL LAW

 1. The 1902 order in council under Article 15 provided for the reception clause. What do you understand by this clause?

It is defined to be applied in the protectorate during; judicial determination and disputes among people and also among the protectorate and the people.

2. What is meant by the term repugnancy clause, in your own words?

It means that in all civil and criminal matters to which natives are publics had to be guided by native law provided it was not inconsistent to justice and morality or with the order in council, ordinance or any regulation under the order in council.

3. What were the Busuulu and Envujo laws enacted for?

They were meant to bring an end to the unlimited amount of rent and tribute that the landlords could extract from tenants (bataka) and also guaranteed complete and hereditary security and tenure by not being easily evicted for failing to pay rent

4. What is the distinction between an interim and republican constitution?

An interim constitution operates for a specific period and time and at the expiry of that period it stops having effect while a republican constitution is one meant to last for an undefined period of time and emphasizes principles such as democracy by holding elections.

5. State at least two characteristics of the constitution.

1. It has to be supreme over other laws.
2. It has to be certain in terms of interpretation.
3. Satisfactory.
4. Perpetual.
5. Provide for mechanisms for change.

6.  Countries with a constitution, uphold it as a source of law, however, there are states that do not have one. What could be the source of their law?

1. Bill of rights of 1688
2. Parliamentary  legislation
3. Judicial precedent

7. While the doctrine of rule of law is meant to guide law and policy makers, judges and law enforcement agencies in to establishing a democratic society,  what are some of the principles of this doctrine? 

1. Judicial independence Article 128
2. Constitutional supremacy  Article 2 2)
3. Democracy

8. Montesquieu once stated that to protect society from tyranny there should be three organs of governance in respect of exercise of powers as well as the manner in which such powers should be exercised. List those organs?

1. Executive
2. Legislature
3. Judiciary

9. What is meant by a rigid constitution?

A rigid constitution is one that can not be changed or even amended; all stakeholders must be involved in order to change it which takes a long time to be affected.

10. What is constitutional monarchy?

It is one in which the rule is exercised according to the established which usually limits the powers that may be enjoyed by the monarchial leader who just succeeds other than being elected.

11. List the non derogable rights under the constitution?

1. Right to a fair hearing
2. Right to the order of habeas corpus
3. Right against subjection to slavery
4. Freedom from torture, cruel and inhuman or degrading treatment.

12. How is the aspect of ministerial responsibility applied in Uganda today?

It is applied through individual and collective responsibility.

13. What is the role of the legislature in enhancing checks and balances, cite an example thereto?

The legislature makes laws to control the exercise of the executive for example the Onapito bill which was an attempt to limit members of parliament appointed as cabinet ministers, that they should resign their parliamentary seats upon appointment.

14. Under what circumstances can a new constitution that has been unconstitutionally past are held by courts as valid.

 Such a constitution can be held by court as valid through resolution in law.

15. What do you understand by the term constitution?

A constitution is a fundamental law upon which a particular society is governed.

16. What is the import of Article 98(4)?

The import thereto is that it is meant to protect the president while still in office from court proceedings so that he/she can avoid interference by court process while doing his work.

17. What is meant by judicial immunity?

Judicial immunity is a situation whereby one is exempted from liability to any action or omission by that person in the exercise of judicial power.

18. List at least two rules of constitutional interpretation.

1. Golden rule
2. Mischief rule

19. Mention at least three principles contained in the preamble of the 1995 Ugandan constitution.

These could include unity, peace, equality, democracy and freedom.

20. How does the constitution deal with the law that existed before the coming into force of the 1995 constitution?

The constitution states that such existing law is not affected by the coming into force of the constitution but it must be interpreted with or construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring it into conformity with the constitution.

21. What are the limitations imposed on the traditional leaders by the 1995 constitution?

Traditional leaders are not to participate in partisan politics and they can not compel any one to pay allegiance or contribute to the cast and maintaining them. They are also not to exercise any administrative or executive powers of government.

 22. How does one acquire citizenship in Uganda?

One can acquire citizenship through various ways;

1. By birth
2. By registration
3. By adaptation of children below the age of 5 years found in Uganda whose parents are not known.
4. By neutralization

23. List Uganda’s courts of record

1. Supreme court
2. Court of appeal
3. High court of Uganda

24. What is meant by judicial independence?

Judicial independence is that which while exercising their duties, judicial officers are not to be subject to the control or direction of any person or authority.

  25.   How are bill moved in parliament?

1. By private member bills
2. By a legislative proposal by standing committee in parliament
3. By legislative proposals through statutory instruments under the president or minister or public body.             

26. What is a decree?

A decree is a rule of law issued by a head of state for example a president of a republic state.

27. Which Article in the constitution provides for the inconsistency principle?

Article 2 2) provides for the inconsistency principle.

28. Organized societies are characterized by the presence of………………………………………..and…………………………

1. Government
2. A constitution.

29. Constitutions are concerned with basic issue list at least three

1. It must indicate for who has the power to make laws  that is legislative powers
2.  It must put in place a judiciary; how power is exercised
3. Provide for citizenship
4. Must set out fundamental rights of individuals
5. Provide for land tenure system
6. Public finance should be provided for
7. Provide for establishment of security organs
8. And it also supposed to provide for the public service

30. List the four classifications of the constitution

1. According to form; written or unwritten
2. Rigid and flexible constitution
3. General and detailed constitution
4. By type of government

31. What are the three principles of democracy?

1. Election
2. Periodic elections in line with reassessment of the people elected.
3. Equality.

32. What is the purpose of the doctrine of checks and balances?

The purpose of the doctrine of checks and balances is to ensure that each organ of government enjoys a balanced relationship with other organs and that none of the organs are capable of exceeding its powers under the constitution.

33. “although the rules and responsibilities of the organs the state is far off different. They are also closely connected. None of them can work properly on its own they are like three stones under a cooking  pot each plays distinctive role but always in cooperation with each other  so that if any one of then is remove, the pot collapses” per J Odoki. What does this statement mean?

This statement basically illustrates the doctrine of checks and balances within the 3 organs of government that is; legislature, executive and judiciary.

34. under what provision and of which law provides for presidency in Uganda?

Article 98 of the 1995 Constitution of the Republic of Uganda.

35. What is the primary function of the president in Uganda?

The primary function of the president is to coordinate and oversee the exercise of executive power and governess of the country.

36. Articles 102 of the 1995 constitution of the republic of Uganda provides for the qualifications of the president, which include:-

1. Citizen of Uganda
2. He/she should not be less than 35 years and not more than 75 years of age
3. He/she should be a person qualified to be a member of parliament.

36. How is the vice president appointed and under which constitutional provision.

Article 108 2) provides that the president shall with the approval of parliament by a simple majority appoint a vice president.

37. What provision provide for the cabinet and members there to list?

Article 111 1) which provides that there shall be a cabinet which shall consist of the president, vice president, prime minister, and such number of ministers as may appear to the president to be reasonably necessary for the efficient running of the state.

38. Rights and privileges of the president include:-

1. Presidential immunity from civil and criminal proceedings; as a party or witness.
2. He/she shall be housed with official government accommodation.
3. He/she will be provided with allowances, transport, educating and health of president and his family.
4. He/she shall be exempted from official taxation.

39. Under what situations can a president are held liable, indicate the provision thereto:-

 Article 98 of the constitution provides for the liability of the president in regard to 2 elements that is; it shall not operate while one is in office but at leave or censure; for not liable; clause 4. Furthermore, proceedings shall be carried out on acts done in office in his /her personal capacity that is unofficial act under clause 5.

40. What constitutional provision provides for the hierarchy of courts?

Article 129 provides for the hierarchy of courts and lists them according to their superiority; Supreme Court, court of appeal’ high court and goes ahead to provide for subordinate courts established under law by parliament.

41. List the three subordinate courts

1. Magistrate courts provided for under the magistrates courts Act
2. Resistance council courts; Resistance council committee statute 1/98
3. Quadi/khadi court; domestic relations among those who profess Islamic religion.

42. Which court has unlimited original jurisdiction in civil and criminal matters; addition of the provision will carry more marks.

The high court of the Republic of Uganda as provided for under Article 139 of the Constitution of the Republic of Uganda.

43. Court of appeal under Article 137(1) could sit as………………………………………………………………. In regard to interpretation of the constitution;                                                                                                                             it could sit as a constitutional court in this regard.

44. What are bills of rights?

These are declarations of individual rights and freedoms usually issued by the national government. 

45. Define a federal government?

This is a union of states in which sovereignty is divided between a central authority and component authorities.

46. What are the prerogative orders /remedies available to an aggrieved party; providing definitions thereto?

1. Habeas corpus; this is a writ by a person who considers himself unlawfully detained applies for giving reasons to the high court for his release
2. Mandamus; This may be issued where any person has been injured by failure of an administrative agent to do his duty. It is only available when the aggrieved party has no advantage or remedy open to him through law.
3. Prohibition motion; this is used for the purpose of preventing an inferior court or tribunal from exceeding its jurisdiction.

47. What do you understand by the term separation of powers?

This is the idea that the powers of a sovereign government should be split between two or more strongly independent entities preventing anyone person or group from gaining too much power.

48. What are the functions of the three different arms of government?

1. Executive; its primary objective is to conduct the affairs of the state especially into complementing the government policies.
2. Judiciary; is entrusted to administer justice through the courts of judicature.
3. Legislature; has powers to make laws that govern the country.

49. What laws are applicable in Uganda?

1. Statutory law
2. Common law
3. Doctrines of equity
4. Customary laws

50. Define democracies.

Democracy is a system of government in which the people participate in decisions which affect the country.

51. What is the difference between public and private laws?

Public law is a theory of law that governs the relationship between the state and the individual who is considered to be either a company or a citizen while private law includes the relationship between individuals, or private relationships between citizens and companies.

52. What are the sub divisions of public law and what they cover?

1. Constitutional law which covers the different branches of the state.
2. Administrative law which regulates international trade, manufacturing, pollution, taxation
3. Criminal law induces state imposed sanctions for individuals or companies in order to achieve justice and social order.

56. State the difference between statute and Common Law.

Common law is based on precedent or case law while statutory law is written law decided by the legislature or other government agency.

57. Define a confederation.

A confederation is where the central power acts directly upon individuals as well as upon states as thus creating a problem of duo allegiance.

58. What principles are involved in the exercise of judicial powers in Uganda?

1. Judicial power is derived from the people
2. Justice shall be done irrespective of social or economic status.
3. Adequate compensation shall be awarded by courts to victims of wrongs.
4. Reconciliation is to be promoted within parties.

59. In relation to Article 9 and the first schedule of the constitution, define a citizen.

Every person who, on the commencement of this constitution, is a citizen of Uganda shall continue to be such a citizen.

60. What are the duties of a citizen?

According to Article 17 (1) a citizen is:-

1. To respect the national anthem, flag, coat of arms and currency

2. To respect the rights and freedoms of others

3. To protect children and vulnerable persons against any form of abuse, harassment or ill treatment.

4. To protect and preserve public property

5. To defend Uganda and to render national service when necessary.

6. To cooperate with lawful agencies in the maintenance of law and order.

7. To pay taxes

8. to register for electro and other lawful purposes

9. To combat corruption misuse or wastage of public property.

10. To create and protect a clean and healthy environment

11. To perform such other national duties and obligations as parliament may by law prescribe.

61. What are the elements of rule of law?

1. Governance and exercise of authority should be according to the law and in respect according to the constitution as provided for under Article2 1)
2. Equal protection under the law and equality before the law  as under Articles 28 and 126
3. Respect of the law and censure not in accordance with the law.

64. Fundamental human rights are inherent and granted by the state, what constitutional provision guarantees that?

Article 20 1) of the 1995 Constitution of the Republic of Uganda provides for the fact that human rights are inherent and granted by the state.

63. What are fundamental human rights and mention at least two?

These are rights that are inherent and not granted by the state and examples thereto could include a right to life and a right to privacy.

64. Article 274(2) provides for existing law, what do you understand by this term?

The written and unwritten law in Uganda or any part of it as exixtsed immediately before the coming into force of this constitution, including any Act of parliament or statute or statutory instrument enacted or made before that date which is to come into force on or after that date.

65. What is a statutory instrument?

This is a document made by the minister or president or any other authority whose power is given by an Act of parliament to make such law.

66. What entails the leadership code of conduct according to Article 233 of the constitution of the Republic of Uganda?

1. Shall require specified officers to declare incomes, assets and liabilities from time to time and how they acquired and incurred them

2. Prohibit conduct likely to compromise the honesty, impartiality and integrity of specified officers; that likely to lead to corruption in public affairs; and which is detrimental to public good and good governance.

3. Prescribes penalties to be imposed for breach of code, without prejudice to the application of criminal penalties prescribed for the breach in question.

4. Prescribe powers, procedures and practices for ensuring theeffective enforcement of the code

5. Make any other provision as may be necessary for ensuring the promotion and maintenance of honesty, probity, impartiality and integrity in public affairs and the protection of public funds and other public property

67. What is the constitutional guarantee of a person being tried in a language he does not understand, what provision provides for this statement?

In such a situation, such person should be given an interpreter as provided for under Article 28 3) a) of the Constitution of the Republic of Uganda.

68. When does one attain majority age?

Article 59 1) of the Constitution provides that one attains majority age at 18.

69. How many members constitute an electro commission and give the provision there to?

According to Article 61(1) an electoral commission shall consist of a chairperson, deputy chair person and five other members appointed by the president with the approval of parliament.

72. What are the functions of the electoral commission according to Article 61 of the Constitution?

1. To ensure that regular, free, and fair elections are held.

2. To organize, conduct and supervise elections and referenda in accordance with the constitution

3. To demarcate constituencies in accordance with the constitution.

4. To ascertain, publish and declare in writing under its seal the results of the elections and referenda.

5. To compile, maintain, revise and update the voters register.

6. To hear and determine election complaints arising before and during polling.

7. To formulate and implement voter educational programmes relating to elections.

8. To perform such other functions as may be prescribed by parliament by law.

71. Article 72 of the Constitution provides for the right to form political organizations, under what circumstances is this possible?

1. The organization shall not as a political party or organization unless it conforms to the principles laid down in this constitution and it is registered.

2. Parliament shall by law regulate the financing and functioning of political organization.

3. Any person is free to stand for an election as a candidate independent of a political organization or party.

4. Parliament shall regulate the manner of participation in and financing of elections by individuals seeking political office as independent candidate.

72. What is a bill?

A bill is a piece of proposed legislation in parliament.

73. When does a bill become law?

A bill becomes law upon the assent of the president.

74. Under what process does a bill go through to become Law; list them:-

1. First reading
2. Second reading
3. Committee stage
4. Recommitted and third reading of the bill.

75. Where is a newly established law published after assent by the president?

After assent by the president, a newly established law is published in the gazette.

 equal suffrage and shall be henity in Africa.e the victims in their prior position before the cute the perpetrators hence, thernment…the will shall be expressed in periodic and genuine elections which shall be universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

82. Outline two elements meant to ensure a free and fair election.

·         Right to register and vote

·         Election must be conducted in accordance with the law and procedure laid down by parliament

·         Result of the election must be based on the majority of the votes cast

·         Qualified voters should not be disenfranchised.

·         Secret ballot using ballot box at each polling station for all candidates in an election

·         Equal security to prevent electoral violence

·         Independent and impartial authority- electoral commission 

83. What happens when two constitutional provisions are in conflict?

The principle of harmonization is to be called in aid. It holds that the entire constitution has to be read as an integrated whole and no one provision destroying the other but each sustaining the other if the balancing act should succeed.

84. What is meant by the constitution being interpreted as a whole?

No single provision of the constitution is segregated from others and to be considered alone but that all provisions bearing upon a particular subject are to be brought into view and to be so interpreted as to effectuate the greater purpose of the instrument.

85. What’s the test in determining whether an enactment infringes a fundamental freedom?

Examine its effects in violating a right guaranteed by the constitution and not its subject matter.

86. When does court consider international intervention during the interpretation of the law?

Where the words of the constitution are ambiguous or unclear or are capable of several meanings and need aid in construction to search for the correct construction e.g. international instruments to which the country has acceded.

88. What is meant by crossing of the floor in parliament?

This is when members of parliament cross from one political party to the other in which they were not formerly elected in.

89. Which office in the government is designed to check on executive excesses (abuse of office)?

The office of the Inspector General of Government that investigates into allegations of corruption, maladministration and abuses of human rights.

90. What is meant by the inception non-partisan system of government?

It’s a system of representative government such that universal and periodic elections take place.

91. What is meant by expeditious resolution of disputes?

Trial within reasonable time which means that once an accused is charged with a criminal offence, his trial must commence as soon as possible and when commenced, should be completed without undue delay.

92. What were some of the elements outlined in the ten point program me as guiding philosophy of the NRM government?

·         Restoration of democracy, rules of law and respect of human rights.

·         Elimination of corruption.

·         Creation of a self sustaining and integrated economy.

93. Give two significant implications of the 1962 constitution abrogated in April 1966?

·         Abolition of kingdoms in Uganda i.e. the federal status of kingdoms

·         Declaration of Uganda as a republican state.

·         Promulgation of the 1966 interim constitution.

94. What do you consider to have been the historical significance of the 1902 Uganda order in counsel in the constitutional development of Uganda?

·         It contained the reception clause that defined the law to be applied in the protectorate and in particular in the judicial determination of disputes and matters of court.

·         It also contained the repugnancy clause that recognized the application of native laws and customs in dispute involving natives as long as they were not repugnant to natural justice and morality.

·         It was the first legal instrument to establish a framework of government for the whole of the protectorate. It put in place the basic elements and structures of government e.g. introduction of district organs of government.

95. What was the pigeon hole constitution?

The 1962 independence constitution was abolished and in its place promulgated the 1966 interim constitution also known as the pigeon hole constitution. As members were assembled in the parliament with troops surrounding the parliamentary buildings, Mr. Obote forced them to sign and agree to the promulgation. The members only found copies of it later in the pigeon holes.

96. Definition of;

Bye laws-

Laws of local or limited application which are made by local councils or other bodies, using powers granted by an Act of Parliament.

97. When does parliament delegate its duty of legislation?

By means of an Act of Parliament e.g. the local Government Act entrusted with the responsibility of enacting laws for as long as they are not inconsistent with the constitution.

98. What are some of the principles that a multiparty political system should confirm to?

·         Every political party shall have a national character;

·         The organization shall conform to the democratic principles enshrined in the constitution

·         Political parties shall be required by law to account for the sources and use of their funds and assets

·         Members shall regularly be elected by citizens of Uganda

99. How can the state promote public awareness of the constitution?

·         By translating it into different Ugandan languages

·         Providing for the teaching of the constitution in all educational institutions

·         Regularly transmitting and publishing the programmes through the media.

100. What is meant by prerogative of mercy granted by the president?

This is when the president grants to any person convicted of an offence a pardon either free or subject to lawful conditions but with the advice of his committee.

1.      What is the contribution of Jean Jacques Rosseau in constitutionalism?

He explored the idea of democracy through an idealized small city state in which all citizens participated personally in the laws they made and these covenants led to a constitution.

2.      What is the contribution of John Locke to constitutionalism?

He maintained that society was subject to a form of natural and divine law which imposed limits on individual behavior and such norms are a basis for constutionalism

3.      Define the Diceyan theory of parliamentary sovereignty?

It’s where legislation produced by parliament is regarded as the highest form of law. The parliament is the sovereign law maker, the parliament can make or unmake any law, if the law is enacted by majority in parliament it will become an Act irrespective of its contents.

4.      State the factors that will have an effect on the growth and evolution of state in a nation?

·         History of a nation

·         Geographical position of a nation

·         Social structure of a nation

·         Political and economic development of a nation

·         Religious beliefs of a nation

·         Racial and tribal composition of a nation

5.      Name the three types of governments

• Autocracy
• Oligarchy

·         Democracy

6.      Define an autocracy type of government

It is a type of government by one ruler it may be despotic or a dictatorship

7.      Define an oligarchy type of government

It is a government by a few people, it may be government by a family.

8.       Define a democratic government

It is a type of government by the people for the people and of the people

                                   

9.      State Prof. Dicey’s concepts in the rule of law

·         No man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land

·         Every man whatever his/her rank or condition is subject to the ordinary law of the realm and is amenable to the jurisdiction of ordinary tribunals

·         The general principles of the constitution e.g. the right to life, personal liberty, association, speech, movement freedom from torture are non derogable

KEITH BUSINGYE LAW GUIDE