Constitution application and a country’s observance of constitutionalism : a case of the Republic of Uganda

Abstract

Throughout Uganda’s constitutional history, the government enjoyed tremendous powers with limited restrictions. This led to long periods of constitutional turmoil in Uganda since 1962. However, a new constitution was promulgated in 1995 after a protracted constitutional crisis. This constitution was regarded as a model constitution, one of the progressive and democratic constitutions, because it provided for the principles of constitutionalism to limit government. The research is focused on constitutionalism and its application in Uganda, specifically in relation to the 1995 Constitution of Uganda and its constitutional heritage. It measures the extent to which the constitution mandates a reliable application of the principles of constitutionalism as it represents a paradigm shift toward limiting the government's power to protect fundamental rights and freedoms, adherence to the rule of law, upholding constitutional supremacy, and observing the principles of separation of powers with checks and balances. The 1995 Constitution, indeed, provides for all these principles of constitutionalism. Regardless of the constitution establishing these principles, its practical application is being scrutinized as it examines the application of these principles of constitutionalism under the 1995 Constitution of the Republic of Uganda. A constitution has value only if it embodies the core principles of constitutionalism and does not remain mere words on paper. The methodology employed is primarily through the doctrinal research methodology, which analyses primary legal sources such as the constitutions, statutes relating to the specific articles of the constitution and decided cases. Through a document analysis, this research reviews principles such as the supremacy of the constitution, the separation of powers with checks and balances, the Rule of law and the protection of fundamental rights and freedoms. Secondly, this research examines the historical context and recurring issues impeding constitutionalism, such as the executive's extensive powers and overreach on other arms of government and other institutions, disrupting constitutional checks and balances, irregular amendments, contentious court rulings, and exposing gaps in application. However, to provide a lived experience, the research used interviews to gather stakeholders' opinions regarding the state institutions' application of constitutionalism. The research found that the practice and application have been associated with negativity about respect for fundamental rights and freedoms, clear separation of powers, observance of the rule of law, and upholding the constitution as the supreme law of the land, which has resulted in various aspects, including the extensive executive powers, separation of powers continuously undermined, civil liberties suppressed, the rule of law selectively applied, undermining the supremacy of the constitution, manipulation of a presidential term and age limits, flawed elections, and frequent constitutional amendments. The research concludes by recommending a mechanism to improve the application of constitutionalism in Uganda through constitutional reforms such as reinstating the constitution to its original 1995 Constitution, reducing the president’s executive powers, and entrenching those provisions, such as the term and age limit, as well as promoting a culture of constitutionalism.