AN ANALYSIS OF ARTICLE 126(2) (e) OF THE 1995 CONSTITUTION OF UGANDA

The administration of Justice in Uganda historically faced many challenges including the unnecessary reliance on technicalities by litigants at the courts. Uganda's prevailing constitution provides that substantive justice is not to be administered "without undue regard to technicalities." Through an analysis of court jurisprudence, this book examines the necessity of technicalities in the administration of justice in Uganda. The author evaluates the performance of the courts through a labyrinth of decisions both pre and post 1995 when the prevailing constitution was promulgated. In the process, the reader is guided through the progress made by the courts until 2004 when the work was written. Against the backdrop of the normative concepts of law, justice, human rights and institutional frameworks, alternative means of the administration of justice in Uganda are considered and suggestions made towards the accentuation of access to justice as a right to the native peoples of Uganda. The book is both a masterful consideration of the historical perception of technicalities in Uganda's constitutional jurisprudence and a progressive analysis of the same.