The Constitution

The Constitution is the supreme law of Uganda. The present constitution was adopted on 8 October 1995. It is Uganda’s fourth constitution since the country’s independence from Britain in 1962. The first Constitution was adopted in 1962 only to be replaced 4 years later in 1966. The 1966 Constitution, passed in a tense political environment and without debate, was replaced in 1967. The 1995 Constitution established Uganda as a republic with an executive, legislative, and judicial branch. The roles and powers of each of the Government arms are enshrined and spelt out in the Uganda Constitution 1995.

 

The Preamble to the Constitution begins with the phrase “WE THE PEOPLE OF UGANDA” However, many Ugandans feel that the Constitution and the laws do not protect them. Some have argued that the 1995 Uganda Constitution is ‘nothing but an illusory law, is a lie and is an elaborate farce that is cynically perpetrated to consolidate and extend the terms of those in power.’ Recalling that our history has been characterized by political and constitutional instability, we seek to invoke this important national conversation and rejuvenate the hope of this nation in its Constitution. That this nation, ‘shall have a new birth of freedom and that government of the people, by the people, for the people, shall not perish from the earth.’

 

The primary function of the constitution is to lay out the basic structure of the government according to which the people are to be governed. It establishes the three main organs of the government, namely, the legislature, executive and judiciary. The constitution not only defines the powers allotted to each of the three main organs, but it also significantly makes a clear demarcation of the responsibilities assigned to each of them. It effectively regulates the relationship between these organs as well as the relationship between the government and its people. Since the constitution stands superior to all the laws framed within the territorial precincts of Uganda, any law enacted by the government has to be in conformity with the constitution. As such, the citizens would, in turn, be abiding by not just the law, but also working in sync with the demarcations of the constitution.

 

The constitution does not simply provide a recipe for an efficient government, but also deals with limitations on power. Since power corrupts and absolute power corrupts absolutely, the constitution restricts the abuse of power by those who conduct governmental functions. It also lays down the national goals which form the basic edifice on which the nation rests upon. The constitution, besides ensures the rights of the citizens and, also has embedded in it the duties that the citizens require to adhere to as well. Lex Amica, is thus committed to building a better future by advocating for a socio-economic and political order through a popular and durable national Constitution based on the principles of unity, peace, equality, democracy, freedom, social justice and progress.