An Analysis Of The Concept Of Judicial Independence In Uganda In The Context Of Post 1995 Constitution

ABSTACT

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.