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| Title: | The Interpretation and Application of Article 126(2)(e) of the 1995 Constitution of Uganda: Desecration or Consecration? |
| Author: | Mbabazi, Mohmed |
| Year: | 2001 |
| Periodical: | East African Journal of Peace and Human Rights (ISSN 1021-8858) |
| Volume: | 7 |
| Issue: | 1 |
| Pages: | 101-135 |
| Language: | English |
| Notes: | biblio. refs. |
| Geographic terms: | Uganda East Africa |
| Subjects: | access to justice constitutions 1995 supreme courts Law, Human Rights and Violence law Uganda. Constitution (1995) Justice, Administration of judicial system Law reform Legal protection Procedure (Law) |
| Abstract: | The enactment of Article 126(2)(e) of the 1995 Constitution of Uganda - 'substantive justice shall be administered without undue regard to technicalities'- was seen by all or at least by the sovereign electorate as revolutionary, ground breaking and establishing a new direction in the civil justice machinery. Unfortunately, the interpretation of the Article by the courts of justice has been contrary not only to the expectations or aspirations of the people but also to their constitutional function as courts of justice. This article critically analyses the decisions of the Supreme Court which involved interpreting or applying Article 126(2)(e). Furthermore, this is compared with the approach adopted to the application and/or dispensation of technicalities by other systems of justice, focusing on the English approach. Given the approach of the Ugandan Supreme Court towards procedural technicalities, one may wonder whether the 1995 Constitution actually guarantees the right to access justice. Notes, ref. |