Law is defined as a body of rules of action or conduct prescribed by a controlling authority and having binding legal force.
Sources of Law
What are sources of Law?
Types of Sources of Law
- Primary Sources of Law
- Secondary Sources of Law
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| Sources of law in Uganda |
Primary Sources of Law
Primary sources of law are the foundational or original 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.
- The Constitution of The Republic of Uganda, 1995 (as amended)
A constitution is a body of fundamental laws governing a country. The constitution is the grundnorm of the land. It is the superior law and all other laws are subject to it.
The Constitution is the highest source of law in Uganda which sets out the principles, structure, and functions of the government, as well as the rights and duties of citizens.
Uganda has had four constitutions, namely 1962, 1966, 1967, and 1995, promulgated on 8th /October/1995.
Any law or custom inconsistent with the constitution is null and void as stipulated under Article: 2 of the Constitution of Uganda.
Also Read:
Separation of Powers in Uganda
Procedure for becoming an Advocate in Uganda
- Statutory Law
Under the legislation, we have the Principal and Subsidiary legislation.
Principle Legislation
These are Acts of parliament made by the majority quorum. The bill is read by parliament and then assented to by the president into law. Then it comes to be a statute then published in the National Gazette.
Parliament derives its power under Article 79(1) of the Constitution 1995.
Delegated Legislation/ Subsidiary Legislation
These are termed to be secondary legislation.
Under Article 79(2) of the Constitution of Uganda, the parliament is given the power to delegate anybody or authority in the making of laws in Uganda.
Like Bye-laws made by a Local Council, Statutory Instruments made by Ministers, Ordinances, Rules, and Regulations.
Also Read: Canons of Statutory Interpretation
- Case law / Precedents / Judge-Made Law
Precedents are previous court decisions or judgments that are binding on courts to be used as references in deciding future cases in which similar matters arise.
Precedents are also referred to as judge-made law since judgments are based on the reasoning of Judges.
What makes a Precedent binding?
Art.129 of the Ugandan Constitution lists the Courts of Judicature which entail the Supreme Court, Court of Appeal, High Court, and all Subordinate Courts, including Tribunals. Higher Courts have jurisdiction over setting precedents binding on the courts themselves and the lower courts in the hierarchy.
- Common Law & Doctrines of Equity
These are laws from England; English-received Law is used in Uganda by virtue of Uganda being a former British colony.
Section 14(3) of the Judicature Act provides for the validity of the application of Common Law and doctrines of equity in the legal system of Uganda.
Laws emanate from British Law through English precedents and statutes.
Doctrines of Equity
Equity is defined to mean fairness, justice, and good conscience. Equity came to supplement common Law but not to disregard it. So equity follows the Law, and it only comes in to provide a remedy where there is injustice and repugnancy.
Equity comes with maxims and equitable remedies, including injunctions, specific performance, and others.
- Customary Law
Customs are practices and usages that have been in existence for an extended time and are acceptable to specific groups of persons in society as valid laws. Custom results from practice are repeated for a long time and are generally accepted as having acquired the force of Law.
Customary law is a valid source of law in Uganda where it is not inconsistent with the Constitution of the Republic of Uganda. Customs should not be repugnant to principles of Natural Justice, Equity, and good conscience that are enshrined in the Constitution.
Article 2 of the Ugandan Constitution provides for the supremacy of the Constitution. Article 2 (2) goes ahead to provide that if any other law or custom is inconsistent with the Constitution then that law or custom is considered null and void to the extent of its inconsistency.
For example, Female Genital Mutilation which is a custom among the Sabiny and the Sebei is inconsistent with the principles of the constitution and hence is null and void.
For something to be a custom, the elements of continuity, locality, existence, and reasonableness must be ascertained.
- Religious Law
Under Article 8 of the Uganda constitution, Uganda is a secular state. Religion is a valid and recognized source of law in Uganda.
In Uganda, we have various religions such as Christianity, Islam, and Hinduism.
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- International law (Treaties / Conventions)
These are sets of rules generally regarded and accepted as binding in relations between states and nations.
These laws govern international relations, and where the country becomes a signatory, that Law becomes binding onto that country. For example UN Convention, Rome Statute, Geneva Conventions
Secondary Sources of Law
- Law Journals
These are books in which one writes down his personal analysis and thoughts about the Law. For example, the editorial team at Makerere University writes the Makerere Law Journal.
- Legal Encyclopedias and Legal Digests
These are a summation of a body of information such as rules, statutes, or law decisions.
- Legal Dictionaries
A reference book that lists that contains words listed in alphabetical order and with correspondence to their meanings. For example the (Black's Law Dictionary)
In Kwizera V Attorney General [2017], Lillian Tibatemwa J made reference to the online Duhaime Law dictionary for the meaning of the term 'costs follow the event’
- Textbooks
These are books covering a particular topic or topics covered in a certain area of the subject. For example in a school—for example, Glanville Williams' textbook of Learning the Law.
- Law Conferences
These are meetings of legal analysts in which legal issues are discussed. For instance Law Society conferences.
- Law Reviews
These are reports that give someone/institution's opinion and analysis about a matter of law. For example the Havard Law Review, University of Pennsylvania Law Review
- Legal Periodicals
These are published laws with a fixed interval on legal issues. They are published periodically in the form of numbers or volumes.
- Law Reports
These are where cases are reported like Uganda law reports, (ALLER) All England Law Reports, and (KLR) Kampala Law Reports among others.
Internet. Law reports can be found in law libraries. ULII website is a great resource for Ugandan cases.
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Conclusion
Primary sources of law are binding while secondary sources are persuasive.