Introduction
This essay explores the alignment of Uganda’s 1995 Constitution with foundational principles of constitutionalism, specifically through a comparative analysis with A.V. Dicey’s concept of the rule of law and the recommended indicators of the rule of law by the International Commission of Jurists (ICJ). Dicey’s three elements—supremacy of law, equality before the law, and protection of individual rights—provide a classical framework for assessing constitutional governance. Similarly, the ICJ indicators offer a contemporary lens to evaluate legal systems globally. By juxtaposing these standards with Uganda’s constitutional framework, this essay aims to ascertain whether the 1995 Constitution meets or falls short of these benchmarks, highlighting strengths and limitations in Uganda’s pursuit of good constitutionalism.
A.V. Dicey’s Rule of Law and Uganda’s 1995 Constitution
Dicey’s first principle, the supremacy of law, asserts that no individual is above the law and that governmental actions must be legally sanctioned (Dicey, 1885). Uganda’s 1995 Constitution ostensibly upholds this by establishing the Constitution as the supreme law under Article 2, binding all authorities and persons. However, challenges persist, as executive overreach and instances of political interference in judicial processes occasionally undermine this principle (Kabemba, 2003).
The second element, equality before the law, requires that all individuals, regardless of status, are subject to the same legal standards. Uganda’s Constitution enshrines this under Article 21, guaranteeing equality and non-discrimination. Nevertheless, practical implementation often falters, with reports of unequal access to justice, particularly for marginalised groups, due to systemic corruption and resource disparities (Human Rights Watch, 2017).
Finally, Dicey’s third principle ties the rule of law to the protection of individual rights through established legal processes. Uganda’s Constitution includes a robust Bill of Rights (Articles 20-45), safeguarding freedoms such as expression and assembly. Despite this, enforcement remains inconsistent, with documented cases of state-led suppression of political dissent, indicating a gap between constitutional text and practice (Kabemba, 2003).
International Commission of Jurists’ Indicators and Uganda’s Compliance
The ICJ outlines several indicators of the rule of law, including the independence of the judiciary, access to justice, and protection of human rights. Regarding judicial independence, Uganda’s Constitution under Article 128 guarantees the judiciary’s autonomy. Yet, political pressures and inadequate funding often compromise this independence, falling short of ICJ expectations (International Commission of Jurists, 2016).
Access to justice, another key ICJ indicator, remains limited in Uganda. While the Constitution provides for legal representation, rural populations and economically disadvantaged groups face significant barriers due to inadequate legal aid systems, clearly diverging from ICJ standards (Human Rights Watch, 2017). Furthermore, the protection of human rights, though enshrined in the Constitution, is frequently undermined by laws restricting freedoms, such as the Public Order Management Act of 2013, which curtails assembly rights—again, a shortfall in meeting ICJ benchmarks.
Conclusion
In summary, Uganda’s 1995 Constitution demonstrates a formal commitment to the rule of law as conceptualised by Dicey and the ICJ. It incorporates principles of legal supremacy, equality, and rights protection, alongside provisions for judicial independence and human rights. However, practical challenges, including executive interference, systemic inequalities, and restrictive legislation, reveal significant gaps between constitutional ideals and reality. These shortcomings suggest that while Uganda aspires to good constitutionalism, it often falls short of fully realising Dicey’s and the ICJ’s standards. Addressing these discrepancies requires not only legal reforms but also robust mechanisms to ensure enforcement and accountability, thereby strengthening Uganda’s constitutional framework in line with global norms.
References
- Dicey, A.V. (1885) Introduction to the Study of the Law of the Constitution. Macmillan.
- Human Rights Watch. (2017) World Report 2017: Uganda. Human Rights Watch.
- International Commission of Jurists. (2016) Judicial Independence: A Global Perspective. ICJ Report.
- Kabemba, C. (2003) From Democracy to Autocracy: Uganda’s Constitutional Crisis. Southern Africa Resource Watch.
