Exam (elaborations)
Separation Of Powers (1)
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Separation Of Powers (1)
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Separation Of Powersseparation of powers - ANS-it is to the effect that power is not stipulated in the hands of
one person or body wc may result to tyranny. with this the government is divided into 3
that is executive, legislature, judiciary so that one body does not have more power than
the other body.
Montesquiue - ANS-in the spirit of laws argued that the government should be
established in 3 separate bodies. which bodies should not carry out the duties of
another. in summary he said that the bodies enable the authorities to check each other -
checks and balances.
executive - ANS-article 98
legislature - ANS-article 77
judiciary - ANS-article 126-151
independence of the judiciary - ANS-article 128
guiding principles in exercising judicial powers - ANS-article 126
uganda law society v ag constitutional petition no 18 of 2005 - ANS-Dr Kizza Byesigye
and 22 others were charged with treason under the penal code act. indictment was read
to them. the 1st accused Dr Kizza was separately charged with rape. later, the accused
were taken to for a bail application where 14 satisfied the conditions for grant of Bail
however the bail papers could not be processed for as heavily armed security men
entered into some of the court offices and interrupted the court duties and the accused
was taken back to prison . for this reason a petition was brought accordingly challenging
the acts of the army. 128(3)
tinyefuza V AG - ANS-performance of the three arms of government should not be
interfered with what,how and when the other arm carries out its business
EVELYN ANITE - ANS-Minister of Finance for Investment and Privatization and also a
member of parliament
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