Rules Followed in Constitutional Interpretation: A Case of Uganda

Abstract

Constitutional interpretation, or constitutional construction, is the process by which meanings are assigned to words in a constitution, to enable legal decisions to be made that are justified by it. The Constitution is a legal document that is Sui Generis “unique” and must be construed as a special document. The interpretation of the Constitution is provided for under Art. 257 of the 1995 Constitution of Uganda (herein referred to as “the Constitution”). Courts are often alive to its peculiar nature and have over the years developed principles followed in interpretation of the Constitution and these are discussed in this paper. The emphasis is put on Ugandan cases, however some cases from other jurisdictions were also adopted.

Keywords: Constitutional Law, interpretation, principles of interpretation

JEL Classification: K00, K19, K20, K10