Judicial Independence: A Continued Political Interference in Recent Judicial Proceedings in Uganda

Hanifa Tyakagire; Shamrahayu A. Aziz

doi:10.36948/ijfmr.2024.v06i01.13369

Judicial Independence: A Continued Political Interference in Recent Judicial Proceedings in Uganda

Author(s)	Hanifa Tyakagire, Shamrahayu A. Aziz
Country	Malaysia
Abstract	Chapter eight of Uganda's constitution highlights the judiciary's crucial role as the protector of the constitution, with the authority to exercise judicial powers bestowed upon them by the people. The judiciary is essential to upholding the constitutionality of laws, acts of parliament and customs and identifying and addressing inconsistencies. Article 128 Clause 1 of Uganda’s 1995 Constitution emphasizes the importance of maintaining the judiciary’s independence, ensuring it remains a bastion of integrity and fairness. However, recent cases shed light on the consequences of political interference, which is becoming an increasingly worrisome issue in Uganda. Thus, the research focuses on some sources of political interference in Uganda's judicial proceedings and its persistence, including an opaque and politicized process of appointments, pressure applied to judges by the executive branch and powerful interests, and disrespect for court orders by the executive and legislature. The consequences of such interference in the democratic justice system are discussed, and they have led to a decline in the independence of the judiciary, covering the breakdown of public trust in the judiciary, unfair legal judgements, and weakened constitutional principles. The findings highlight Uganda's urgent need for action and an independent judiciary. This study applies doctrinal legal research methodology to discuss the continued political interference in the recent judicial proceedings in Uganda since 2006. The study recommends constitutional reforms to curb the overgrowing political interference in courts’ judicial independence and preserve constitutionalism principles by examining this theme.
Keywords	Constitution of Uganda, Constitutionalism principles, Courts of Judicature, Judicial independence, Judicial powers, Judicial Role, Political interference.
Published In	Volume 6, Issue 1, January-February 2024
Published On	2024-02-11
Cite This	Judicial Independence: A Continued Political Interference in Recent Judicial Proceedings in Uganda - Hanifa Tyakagire, Shamrahayu A. Aziz - IJFMR Volume 6, Issue 1, January-February 2024. DOI 10.36948/ijfmr.2024.v06i01.13369
DOI	https://doi.org/10.36948/ijfmr.2024.v06i01.13369
Short DOI	https://doi.org/gthqm2

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Judicial Independence: A Continued Political Interference in Recent Judicial Proceedings in Uganda

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