Bukenya Church Ambrose v Attorney General
Bukenya Church Ambrose v Attorney General (Constitutional Petition No. 26 of 2010) [2011] UGCC 5 (20 March 2011)
The court held that Article 50(4) of the Constitution expressly vests the mandate to make laws for the enforcement of rights and freedoms in Parliament, not the Rules Committee. The use of the word 'shall' in Article 50(4) makes this a mandatory requirement. The Judicature Act and its rules, including Section 41, empower the Rules Committee to regulate practice and procedure in the Judiciary, but not to make substantive laws for enforcement of rights and freedoms as envisaged under Article 50. Since Parliament has not enacted such a law, the Rules Committee's enactment of S.I. No. 55 of 2008…
Source excerpt
- Enforcement Of Fundamental Rights
- Rule Making Powers
- Judicial Procedure
- Parliamentary Mandate