The Judiciary And The Democratization In Uganda: An Anlysis Of The Post 1986 Period

ABSTRACT

The Research is majorly set out to critically examine the role of the Judiciary in

promoting democratization in Uganda during the post 1986 period. The study

covers the post 1986 period because this is the period when Ugandans more

than ever before have been pre occupied with the recognition, protection and

advancement of the basic rights and fundamental freedoms of the individual

and this period would therefore provide the best picture on the role being

played by the judiciary on the democratization process in Uganda.

The study centers on some of the laws which govern democratization and

electoral process in Uganda. These include the 1995 constitution of Uganda;

The Electoral Commission Act No. 160 of 2005; The Presidential elections

(Election Petitions) Rules 2001, The parliamentary Elections Act No. of 2005;

The parliamentary Elections (Election petitions) Rules S.1.141-2; Local

Governments Act Cap 243.

The goals / objectives of the research are to: (i) examine the role of the

judiciary in promoting democracy in a political transition; (ii) examine the

relevance and effectiveness of the electoral laws and petition procedures in

promoting democratization in Uganda; (iii) examine the manner and basis

upon which courts have decided election petitions; (iv) examine the integrity

of courts in deciding on cases involving political issues; (v) suggest

recommendations and solutions to any short-comings in judicial

independence electoral laws, petition procedures and public involvement in

democratization in Uganda.

The research basically employed qualitative methods of investigation. Because

the study is centered on the role of the judiciary in democratization, the

Researcher made use of decided cases and other relevant materials found in

libraries in and around Kampala.

The Researcher also obtained and made use of source materials obtained from

text books, law reports, relevant Acts, election reports, workshop papers,

newspaper and Articles from libraries. In addition, the Researcher got

additional information through oral interviews with respondents.

The main findings of the research is that despite the existence of an elaborate

framework of electoral laws, the electoral process does not necessarily

promote democracy in Uganda because of some draw backs in the legal

framework.

It was also found out that the power and ability of the judges to effectively

execute their functions, including making fair decisions on election petitions is

sometimes curtailed by external factors especially influence from the executive.

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APA

ZIRIMU, M (2021). The Judiciary And The Democratization In Uganda: An Anlysis Of The Post 1986 Period. Afribary. Retrieved from https://afribary.com/works/the-judiciary-and-the-democratization-in-uganda-an-anlysis-of-the-post-1986-period

MLA 8th

ZIRIMU, MUSIIMENTA "The Judiciary And The Democratization In Uganda: An Anlysis Of The Post 1986 Period" Afribary. Afribary, 04 Jun. 2021, https://afribary.com/works/the-judiciary-and-the-democratization-in-uganda-an-anlysis-of-the-post-1986-period. Accessed 20 May. 2024.

MLA7

ZIRIMU, MUSIIMENTA . "The Judiciary And The Democratization In Uganda: An Anlysis Of The Post 1986 Period". Afribary, Afribary, 04 Jun. 2021. Web. 20 May. 2024. < https://afribary.com/works/the-judiciary-and-the-democratization-in-uganda-an-anlysis-of-the-post-1986-period >.

Chicago

ZIRIMU, MUSIIMENTA . "The Judiciary And The Democratization In Uganda: An Anlysis Of The Post 1986 Period" Afribary (2021). Accessed May 20, 2024. https://afribary.com/works/the-judiciary-and-the-democratization-in-uganda-an-anlysis-of-the-post-1986-period