By councel John Bumba
The law might be viewed as the society’s system of laws and rules. The set of rules and principles that govern and control human behaviour, so assisting in the administration of justice, can also be referred to as the law. The law is a set of rules with consequences for breaking them that are ultimately enforceable in court. Rules can be punished in a number of ways. If someone violates the law, they may receive a punishment under criminal law, or receive restitution under civil law.
What constitutes criminal law and civil law, respectively?
The relationship between the state and the people is first and foremost governed by criminal law. This area of law deals with offenses like homicide, theft, rape, and assault, among others. Although some of these offences are covered by other laws, such as the Traffic and Road Safety Act, others are covered by the penal code act. As a result, when a crime is committed, it becomes a public wrong. The state then steps in through the legal system to punish the criminal.
On the other side, civil law governs interpersonal interactions. For instance, when someone causes an accident due to careless driving and another person dies as a result, this is referred to as a civil wrong and is considered negligence under tort law. Laws governing contracts, schools of products, insurance, and banking are among the other laws.
Have you ever wondered how Ugandan laws are implemented and where they originate? The sources of law in Uganda have a significant role in forming the legal system, from criminal law to civil law.
But what precisely are these legal sources?
How do they function?
Knowing the sources of law is crucial whether you are a lawyer, la student, or just someone who is interested in the legal system.
To start, let’s clarify what we mean by “sources of law.” Sources of law typically refer to the laws and moral standards that direct society and establish the framework for the judicial system. Primary sources and secondary sources are the two basic types of legal resources in Uganda.
Primary Legal Sources
A legal system’s core sources of law are known as primary sources of law. These legal authorities are regarded as the most reliable ones and are utilized to interpret and apply the law. Primary sources of law are binding. This means that courts and judicial officers must use them as they reason and arrive at judgments in courts.
The constitution of Uganda
The Ugandan constitution is the first item on our list. The Constitution of Uganda, which outlines the fundamentals, organization, and duties of the government as well as the rights and responsibilities of citizens, is the highest source of law in the nation. The same Constitution’s Article 2 is the supreme law of Uganda and it is binding on all institutions and individuals in the country. This demonstrates that the constitution is not above anyone. The provisions of the constitution apply to every organ, every person, and every entity.
Statutory Law
Statutory law is a term used to describe laws created by the Ugandan parliament. According to Article 79 of the Constitution, the Ugandan parliament has the authority to enact laws and subordinate these authorities to other entities. The laws are created by the parliament as statutes. Acts are another name for statutes. The definition of a statute is a law that has been passed by the Ugandan Parliament and is considered to have legal force. In order to implement and interpret statutes, executive agencies develop regulations, which are rules and recommendations.
The Evidence Act, Computer Misuse Act, Contracts Act of 2010, Sale of Goods and Supply of Services Act, and Civil Procedure Act are a few examples of statutes.
Fundamental Regulations
This is speaking of the laws and policies that the parliament has passed. The Legislature is the Parliament.
According to Article 79(1) of the Constitution of 1995, Parliament has some authority.
Subsidiary legislation and delegated legislation
This is a reference to the laws and policies created by the entities to which the Parliament has delegated lawmaking authority. They are referred to as secondary laws.
According to Uganda’s Constitution’s Article 79(2), the parliament has the ability to assign someone else to make legislation in Uganda. According to Article 79 (2), “No person or body shall have the power to make provisions having the force of law in Uganda except under the authority conferred by an Act of Parliament.”
For instance, a local council’s byelaws, ministers’ statutory instruments, and ordinances, rules, and regulations.