This is a study on the principle of judicial independence. This is a doctrine that has
attained universal force which requires that in the perfonnance of its functions, the
judiciary must act independently. The judiciary is the only institution that is entrusted
with the role to protect the freedom and liberty of persons by way of interpreting the law.
It therefore means that for efficient protection of personal freedom and liberty the
judiciary must not be subject to any person or authority in the exercise of its powers.
The study looks at the origin or the genesis of the doctrine of judicial independence, its
links with the British monarch rule and why it became impmiant to separate the three
anns of the government. It is fundamental that for the three arms of the government to act
efficiently and meaningfully to the people, there has to be a clear separation of powers
within the judiciary, the executive and the legislature. The separation of arms promotes
independence of the arms and enhances checks and balances with high level of
accountability. The judiciary being the sole organ with the constitutional mandate to
interpret the laws has high responsibility to protect the libe1iies and freedoms of the
people granted under the law. This is a responsibility that can only be fully and
meaningfully performed by an independent, fearless and impmiial judiciary.
The research looks into the legal basis of the doctrine of judicial independence. Legal
provisions on the independence of the judiciary both at national and international level
are studied into extensively. The study of the legal basis of the doctrine highlights the
basic principles of judicial independence. This include among others but not limited to
security of tenure of judicial officers, financial security and autonomy of the institution,
protection from liability arising from the exercise ofjudicial powers.
The study looks at the perfonnance of judicial independence in Uganda, the reasons why
the principle has not been fully effective in our local justice system. It is looked in this
research to what level have the comis acted independent and why still the public perceive
the judiciary has not being independent. Interference by the executive ann, corruption
and the level of openness in the appointing of judicial officers are some of factors that
have affected the efficiency of the national courts. The study finally looks into the
possible solutions to the problems that have negatively affected the independence of the
judiciary in form of recommendations.
DAVID, L (2021). An Analysis Of The Concept Of Judicial Independence In Uganda In The Context Of Post 1995 Constitution.. Afribary. Retrieved from https://afribary.com/works/an-analysis-of-the-concept-of-judicial-independence-in-uganda-in-the-context-of-post-1995-constitution-1
DAVID, LUVALUKA "An Analysis Of The Concept Of Judicial Independence In Uganda In The Context Of Post 1995 Constitution." Afribary. Afribary, 12 Jun. 2021, https://afribary.com/works/an-analysis-of-the-concept-of-judicial-independence-in-uganda-in-the-context-of-post-1995-constitution-1. Accessed 17 Oct. 2021.
DAVID, LUVALUKA . "An Analysis Of The Concept Of Judicial Independence In Uganda In The Context Of Post 1995 Constitution.". Afribary, Afribary, 12 Jun. 2021. Web. 17 Oct. 2021. < https://afribary.com/works/an-analysis-of-the-concept-of-judicial-independence-in-uganda-in-the-context-of-post-1995-constitution-1 >.
DAVID, LUVALUKA . "An Analysis Of The Concept Of Judicial Independence In Uganda In The Context Of Post 1995 Constitution." Afribary (2021). Accessed October 17, 2021. https://afribary.com/works/an-analysis-of-the-concept-of-judicial-independence-in-uganda-in-the-context-of-post-1995-constitution-1