The Constitution of the Republic of Uganda, 1995, is not a statute you cite in passing. Article 2 makes it the supreme law: any other law or custom that is inconsistent with it is void to the extent of the inconsistency. That supremacy clause is the first move in almost every public-law problem question.
Constitutional Law · Lecture notes
Reading the 1995 Constitution: Structure, Sovereignty, and the Bill of Rights
A working map of Uganda’s Constitution — who holds power, which rights cannot be suspended, and how Article 50 actually gets you into court.
Hornbook Faculty4 min read0 reads
The architecture
Read the document as a set of rooms. Chapter One locates sovereignty in the people (Article 1) and defends the Constitution against usurpation (Article 3). Chapter Four is the Bill of Rights. Chapters Six, Seven and Eight allocate legislative, executive and judicial power. Later chapters deal with finance, local government, traditional leaders, and amendment. If you can point to the chapter, you can usually find the article.
- Art. 1 — all power belongs to the people, exercised in accordance with the Constitution.
- Art. 2 — supremacy; inconsistent laws are void.
- Art. 20 — rights are inherent, not gifts of the State.
- Art. 44 — non-derogable rights (torture, slavery, fair hearing, habeas corpus).
- Art. 50 — enforcement in a competent court, including public-interest standing.
- Art. 126 — judicial power is derived from the people and is to be exercised in the name of the people.
- Art. 128 — independence of the judiciary.
Non-derogable rights
Article 44 is the trap many scripts miss. Even in a state of emergency, four protections cannot be taken away: freedom from torture and cruel, inhuman or degrading treatment; freedom from slavery or servitude; the right to a fair hearing; and the right to an order of habeas corpus. If a problem involves detention without trial, start with 23, 28 and 44 together — not with a vague appeal to ‘human rights’.
How you get into court
Article 50 is generous. Any person who claims a right has been infringed, or is threatened, may apply to a competent court for redress, including compensation. A person or organisation may also bring an action on behalf of another, which is why public-interest litigation is not a novelty in Kampala — it is constitutional design. Always name the right, the alleged interference, and the remedy you want.
Fundamental rights and freedoms of the individual are inherent and not granted by the State.
— Article 20(1)
When you revise, write a one-page skeleton: sovereignty → supremacy → rights (derogable / non-derogable) → limitation under Article 43 → enforcement under 50 → the three organs. That skeleton will carry a 30-mark question.