Sources of Law in Uganda
Have you ever wondered where the laws in Uganda come from and how they are enforced?
From criminal law to civil law, the sources of law in Uganda play a crucial role in shaping the legal system.
But what exactly are these sources of law? How do they work?
Correction: The Imbalu is a custom among the Bagisu and not the Basoga as stated in the podcast.
Introduction
Welcome to yet another episode of Legal Transit, the podcast that takes you on a journey through the complexities of the law.
In this episode, we are discussing the sources of law in Uganda. Whether you are a law student, lawyer, or just interested in the legal system, understanding the sources of law is essential.
Let's start by defining what we mean by "sources of law." In general, sources of law refer to the legal rules and principles that govern a society and provide a framework for the legal system. In Uganda, there are two main categories of sources of law: primary sources and secondary sources.
Read the full article on sources of law in Uganda on my blog
Primary Sources of Law
Primary sources of law are the foundational sources of law that a legal system is based on. These sources of law are considered to be the most authoritative and are used to interpret and apply the law. They are issued by governing bodies and entities.
Primary sources of law are binding. This means that courts and judicial officers must use them as they reason and arrive at judgments in courts.
Examples of primary sources of law in uganda first and foremost we have;
The Constitution of Uganda
Statutes, regulations, and
Case law.
Religious law such as Islamic law
The Constitution of Uganda
First, on our list, we have the constitution of Uganda. The Constitution of Uganda is the highest source of law in the country (grund norm) and sets out the principles, structure, and functions of the government, as well as the rights and duties of citizens.
Article 2 of the same Constitution is the supreme law of Uganda and shall have binding force on all authorities and persons throughout Uganda. This means that no one is above the constitution. Every organ, every individual, and every entity is governed and bound by the provisions of the constitution.
Article 2(2) of the same constitution states that If any other law or custom is inconsistent with the provisions of this Constitution, that other law or custom shall, to the extent of that inconsistency, be void.
This means that if there is any other law that contradicts any provisions of the constitution it will be considered null and void.
That is the first form of a primary source of law.
Next on the list is statutory law.
Statutory Law
Statutory law refers to the law that is made by the parliament of Uganda. The parliament of Uganda is given power under Article 79 of the Constitution to make laws and also sub-delegate these powers to other bodies to make laws.
The parliament makes laws in form of statutes. Statutes can also be called Acts. The definition of Statutes can be that statutes are laws that are enacted by the Ugandan Parliament and have the force of law. Regulations are rules and guidelines that are issued by executive agencies to implement and interpret statutes.
Examples of statutes include; the Penal Code Act Cap 120, Evidence Act, Computer Misuse Act, Contracts Act, 2010, Sale of Goods and Supply of Services Act, Civil Procedure Act, and Criminal Procedure Code Act, among others.
Under this source of law, we have the Principle legislation and Delegated legislation.
Principle Legislation
This refers to the Laws and policies made by the Parliament. The Parliament is the Legislature.
Parliament derives its power under Article 79(1) of the Constitution 1995.
Delegated Legislation/ Subsidiary Legislation
This refers to the laws and policies made by the bodies that the Parliament has sub-delegated powers to make law.
These are termed to be secondary legislation.
Under Article 79(2) of the Constitution of Uganda, the parliament has the power to delegate anybody or authority in the making of laws in Uganda. Article 79 (2) states that ‘No person or body other than Parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of Parliament.’
For example, Bye-laws made by a Local Council, Statutory Instruments made by Ministers, Ordinances, Rules, and Regulations.
Common Law & Doctrines of Equity
These are laws from England; English-received Law is used in Uganda by virtue of being a British colony.
Section 14(3) of the Judicature Act provides for the validity of the application of Common Law and doctrines of equity in the legal system of Uganda.
Laws emanate from British Law through English precedents and statutes.
Doctrines of Equity
Equity is defined to mean fairness, justice, and good conscience. Equity came to supplement common Law but not to disregard it. So equity follows the Law, and it only comes in to provide a remedy where there is injustice and repugnancy.
Equity comes with maxims and equitable remedies, including injunctions, specific performance, and others.
Religious Law
Uganda as a state is a secular state. It does not adopt a single form of religion.
Under Article 8 of the Uganda constitution, Uganda is a secular state. Religion is a valid and recognized source of law in Uganda.
In Uganda, we have various religions such as Christianity, Islam, and Hinduism.
Religion influences the making of Law, for example, Islamic Banking law and Quadhi Courts, which are based on the Quran and Hadith of the Islamic faith.
International law (Treaties / Conventions)
These are set of rules generally regarded and accepted as binding in relations between states and nations.
These laws govern international relations, and where the country becomes a signatory, that Law becomes binding onto that country. For example UN Convention, Rome Statute, Geneva Conventions
Secondary Sources of law
Secondary sources of law are those that provide information and analysis about the law but are not directly applicable in a legal dispute. These are sources that analyze, assess, give opinions, explain, and evaluate the law. They contain law but are not law themselves.
These include;
Law Journals
These are books in which one writes down his personal analysis and thoughts about the Law. For example, the editorial team at Makerere University writes the Makerere Law Journal.
Legal Encyclopedias and Legal Digests
These are a summation of a body of information such as rules, statutes, or law decisions.
Legal Dictionaries
A reference book that lists that contains words listed in alphabetical order and with correspondence to their meanings. For example the (Black's Law Dictionary)
In Kwizera V Attorney General [2017], Lillian Tibatemwa J made reference to the online Duhaime Law dictionary for the meaning of the term 'costs follow the event’
Textbooks
These are books covering a particular topic or topics covered in a certain area of the subject. For example in a school—for example, Glanville Williams' textbook of Learning the Law.
Law Conferences
These are meeting of legal analysts in which legal issues are discussed. For instance Law society conferences.
Law Reviews
These are reports that give someone/institution's opinion and analysis about a matter of law. For example the Havard Law Review, University of Pennsylvania Law Review
Legal Periodicals
These are published laws with a fixed interval on legal issues. They are published periodically in form of numbers or volumes.
Law Reports
These are where cases are reported like Uganda law reports, (ALLER) All England Law Reports, and (KLR) Kampala Law Reports among others.
Internet. Law reports can be found in law libraries. ULII website is a great resource for Ugandan cases.
Conclusion:
In conclusion, the sources of law in Uganda play a crucial role in shaping the legal system and providing a framework for the resolution of legal disputes. Understanding these sources of law is essential for anyone interested in the legal system, whether you are a law student, lawyer, or just someone with a general interest in the law. We hope this episode has helped shed some light on the sources of law in Uganda and how they work together in the legal system. Thanks for tuning in to the Legal Transit podcast. Until next time, keep your wings spread.
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Sources of Law in Uganda