The Concept of Separation of Powers in Uganda

CHAPTER ONE

SEPARATION OF POWERS 1.1.0 General Introduction This paper intends to address the concept of separation of powers in Uganda between the three organs of government videlicet, the legislature, Executive and the judiciary1 . This paper is geared towards providing a comprehensive and a current ' critical analysis of the concept of separation of powers, its merits and demerits and the extent to which Uganda has complied with the concept. Separation of powers is often used to justify the doctrine of independence of the judiciary.

The objective of guaranteeing the independence of the judiciary is to ensure effective maintenance of law and order and constitutional rule so that there is no necessity or justification to resort to extra judicial means in the resolution of political problems2. James Madison put it clearly that the accumulation of powers, legislative, executive and judiciary m same hands may justly be pronounced the very definition of tyranny3 The discussion herein intends to display that it is only when each organs of the government is permitted to operate within its spheres of influence and with knowledge and consent of other two that there is mutual respect. It is also when they operate within their respective spheres of influence that democracy; justice and freedom are fully enjoyed failure to