Judicial power, politics and constitutional transformation in Uganda: Walking in and outside the Constitution

Abstract

Uganda’s tumultuous political history is, among others, viewed through the exercise of political power. Courts in Uganda have been confronted with various challenges, which have constrained their ability as agents of transformation. From the abduction of Chief Justice Benedicto Kiwanuka in 1972 to the siege of Uganda’s High Court by armed military personnel, the history of Uganda’s judiciary is one of courage, contradiction, resilience, and compromise. This book skillfully addresses some of the most enduring questions in constitutional governance: why do courts in politically constrained regimes sometimes defend the rule of law, while at the same time, at other times, legitimise its erosion? Drawing on decades of scholarship, public interest litigation, and comparative constitutional analysis, the author examines the evolution of judicial power in Uganda against the backdrop of colonialism, authoritarianism, democratisation, and the emergence of hybrid political regimes. The book explores the complex relationship between law and politics, judicial independence, constitutional review, human rights, socio-economic justice, and political transformation, demonstrating how courts simultaneously serve as guardians of constitutionalism and instruments of state power. Engaging with the experiences of South Africa, India, the United States, Kenya, Germany, Israel, China, and other jurisdictions, the book situates Uganda’s constitutional journey within broader global debates on transformative constitutionalism and the role of courts in democratic governance. It challenges conventional assumptions about judicial behaviour by revealing how political context, institutional design, and regime survival shape judicial decision-making. Both scholarly and accessible, this is an essential work for academics, judges, lawyers, policymakers, students, and anyone interested in constitutional law, judicial politics, governance, and the future of democracy in Africa. It is a timely reflection on the promise and limitations of judicial power and a compelling call to strengthen institutions that safeguard the rule of law, human rights, and constitutional democracy.