The Constitution Of The Republic of Uganda 1995.
The Constitution of the Republic of Uganda,1995
The 1995 Constitution of the Republic of Uganda commenced on 8th October,1995. It is the supreme law of Uganda. Any law, policy, act, omission inconsistent with the constitution, to the extent of inconsistency is null and void. The Constitution is the criterion for validity of other laws and the grand norm.
The 1995 Constitution is unique for being a product of nationwide consultation of Ugandans, which makes it autochthonous. The Odoki Constitution Commission widely consulted and produced a draft Constitution in December 1992, that was debated in the Constituent Assembly by People’s elected delegates.
The 1995 Constitution introduced pragmatic reforms including; shifted power to the people, introduced the right to protect the Constitution by whatever means, streamlined separation of powers between the Executive, Judiciary and Parliament, strengthened checks and balances on especially the Executive arm, streamlined the roles of constitutional bodies like Uganda Human Rights Commission, among others.
The Constitution has undergone several amendments among others; introduced the multi-party Governance system, lifted of term limits from 2 to infinity, lifted of age limit from the upper ceiling of 75 years to infinity, prohibited marriage of persons of the same sex.
The biggest threat to the 1995 Constitution is the lack of respect for Constitutionalism. Despite having a superb Constitution, Uganda has witnessed an attack on the courts by armed personnel which has comprised Judicial independence. There has been invasion of parliament by security personnel and many parliamentary decisions are reported to be influenced by the Executive. There is still torture, detentions incommunicado and generally limited competence of organs that are meant to protect the life of the Constitution.
The 1995 Constitution should ordinarily reflect the needs of Ugandans per the consensus reached in 1995. If the Constitution is not protected through promotion of constitutionalism, Uganda may experience a Constitutional crisis.
Umar Nyanzi
Partner-SK and Partners Advocates
