Sources of Law in Uganda The Legal Transit

Sources of Law in Uganda

Have you ever wondered where the laws in Uganda come from and how they are enforced? 
From criminal law to civil law, the sources of law in Uganda play a crucial role in shaping the legal system. 
But what exactly are these sources of law? How do they work?
Correction: The Imbalu is a custom among the Bagisu and not the Basoga as stated in the podcast.
Introduction
Welcome to yet another episode of Legal Transit, the podcast that takes you on a journey through the complexities of the law. 
In this episode, we are discussing the sources of law in Uganda. Whether you are a law student, lawyer, or just interested in the legal system, understanding the sources of law is essential. 
Let's start by defining what we mean by "sources of law." In general, sources of law refer to the legal rules and principles that govern a society and provide a framework for the legal system. In Uganda, there are two main categories of sources of law: primary sources and secondary sources.
Read the full article on sources of law in Uganda on my blog
Primary Sources of Law
Primary sources of law are the foundational sources of law that a legal system is based on. These sources of law are considered to be the most authoritative and are used to interpret and apply the law. They are issued by governing bodies and entities. 
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. 
Examples of primary sources of law in uganda first and foremost we have;
* The Constitution of Uganda
* Statutes, regulations, and 
* Case law.
* Religious law such as Islamic law
The Constitution of Uganda
First, on our list, we have the constitution of Uganda. The Constitution of Uganda is the highest source of law in the country (grund norm) and sets out the principles, structure, and functions of the government, as well as the rights and duties of citizens. 
Article 2 of the same Constitution is the supreme law of Uganda and shall have binding force on all authorities and persons throughout Uganda. This means that no one is above the constitution. Every organ, every individual, and every entity is governed and bound by the provisions of the constitution.
Article 2(2) of the same constitution states that If any other law or custom is inconsistent with the provisions of this Constitution, that other law or custom shall, to the extent of that inconsistency, be void.
This means that if there is any other law that contradicts any provisions of the constitution it will be considered null and void.
That is the first form of a primary source of law.
Next on the list is statutory law.
Statutory Law
Statutory law refers to the law that is made by the parliament of Uganda. The parliament of Uganda is given power under Article 79 of the Constitution to make laws and also sub-delegate these powers to other bodies to make laws. 
The parliament makes laws in form of statutes. Statutes can also be called Acts. The definition of Statutes can be that statutes are laws that are enacted by the Ugandan Parliament and have the force of law. Regulations are rules and guidelines that are issued by executive agencies to implement and interpret statutes. 
Examples of statutes include; the Penal Code Act Cap 120, Evidence Act, Computer Misuse Act, Contracts Act, 2010, Sale of Goods and Supply of Services Act, Civil Procedure Act, and Criminal Procedure Code Act, among others.
Under this source of law,  we have the Principle legislation and Delegated legislation.
Principle Legislation
This refers to the Laws and policies made by the Parliament. The Parliament is the Legislature.
Parliament derives its power under Article 79(1) of the Constitution 1995. 
Delegated Legislation/ Subsidiary Legislation
This refers to the laws and policies made by the bodies that the Parliament has sub-delegated powers to make law.
These are termed to be secondary legislation. 
Under Article 79(2)