ABOUT THE BOOK
This text is a comprehensive examination of the law and practice of the public law in the East African region. However, there is some comparative analysis undertaken to buttress the text in a number of areas by reference to United Kingdom, Barbados, Malawi, Zimbabwe, Sri lanka India and South Africa.
Its a central tent of the 20th Century Legal realism that law exists principally in those junctures at which individuals are faced with the immediate possibility of state power intruding into their lives. The success of democratic institutions and economic developments in the East African region requires not only good systems of law but also law enforcement mechanisms, favourable investment climate, protection of citizens' rights and the convergence of legal systems. Public law is crucial in the process.
This book depicts the various ways in which the East African Courts seek to protect citizenry against the abuse of state power and exercise of discretion by public authorities through the powerful tool of the judicial citizenry against the abuse of state power and exercise of discretion by public authorities through the powerful tool of the judicial review.
CONTENTS INCLUDE:
- Constitutional Fundamentals
- Judicial Review
- Locus Standi
- Ultra-vires Principles
- Illegality
- Natural Justice
- Irrationally
- Legitimate Expectation
- Commission of Inquiry
- Delegated Legislation
- Inspectorate of Government (Ombuds man), public Law Remedies
- Application for Judicial Review and Public Law Reform.
This book is one of its kind in the region. It comes at a time when constitutionalism is alive and manifested in a more sharp focus than ever before. The East African region is getting to terms with the realities of Constitutional Order rooted under the principle of rule of law in a quest for good governance.
The book thus comes at an appropriate moment when developments are taking root in the region, amidst rising expectations of the East African people for good governance, rule of law, observance of human rights coupled with accountability.
This book will assist advocates, academicians, students and public servants in appreciating the principles of public law. I high commend it to the general readership, that is, our learned colleagues and laypeople alike.
*This foreword was written by Hon. Lady Justice Stella Arach- Amoko. Head, Commercial Court of Uganda and Deputy Principal Judge East Africa Court of Justice on 24th February 2009
PREFACE To PUBLIC LAW in EAST AFRICA
This text seeks to examine Constitutional and Administrative law as part of the public law of the East African Jurisdictions and explore the issues raised by the constitutional entitlements.
In the race to uphold the rights of the citizens, the enormous power of the state, East African public law has lagged behind mainly because after 40 years of independence there have been extended periods of dictatorship, one-party state and even military rule in the case of Uganda.
The state of public law litigation continues to increase at a pace that creates a dire need for credible information in public law. The consolidation of public law in the regional Jurisprudence is a welcome idea due to several developments that are geared towards the East Africa Federation.
The different governments should seriously bear in mind that they are duty-bound to support and strengthen the principles and purpose of public law by acknowledging that good governance is not a luxury but a vital necessity for development.
The readers of this text will develop a better understanding of the executive and administrative process and will gain some insights into the decision-making process which is efficient and effective, and which recognize and give scope for valued individual interests and concerns.
The text brings out new developments that have not yet taken root in our region such as legitimate expectation, proportionality, duty to give reasons and commissions of inquiry.
I would, however, like to single out the students of law and public administration for special mention. Their enthusiasm for mastering the principles the public law is refreshing encouraging and continues to bring knowledge and experience to my life.
It is hoped that law is accurately stated from the source from the sources available to me on 1 May 2009. I accept responsibility for the text as a whole, any errors and omissions are all my own. I am receptive to any comments, views and criticisms about this text on the address herein below
Finally, I extend my sincere thanks and gratitude to the publishers, LawAfrica Publishing Ltd, for accepting to publish this work, having confidence in my work and above all for their unstinting encouragement and co-operation at all stages of the production of this book.
Musa Ssekaana
PO Box 70075
Kampala-Uganda
ssekaana@gmail.com