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Constitutional Court of Uganda - 2003 January

3 judgments
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3 judgments
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Judgment date
January 2003
Dr. Rwanyarare and 9 Others v Attorney General (Constitutional Petition Application 6 of 2002) [2003] UGCC 3 (16 January 2003)
Court stayed operation of sections 6(3) and 6(4) of the Political Parties Act pending constitutional challenge, affirming power to grant interim relief against government.
Constitutional law – interim relief – power of Constitutional Court to grant interlocutory orders and stays incidental to declarations; Government immunity – limits of Government Proceedings Act s.15(2) vis-à-vis constitutional redress; Political Parties Act – stay of operation of statutory registration provisions pending constitutional challenge.
 16 January 2003
Rwanyarare and others v Attorney General (Constitutional Application 6 of 2002) [2003] UGCC 1 (16 January 2003)
The Constitutional Court may grant a stay of statutory provisions to protect constitutional rights pending final determination, notwithstanding statutory immunities.
Constitutional law – Interim relief – Power of the Constitutional Court to grant stays/suspensions of statutory provisions pending determination of constitutional petitions – Articles 50 and 137. Constitutional law – Remedies – Declarations and other orders of redress; inherent jurisdiction to preserve the status quo and protect fundamental rights. Government Proceedings – State immunity and injunctions – statutory limitations construed compatibly with the Constitution; State not above constitutional remedies.
 16 January 2003
Rwanyarare and Others v Attorney General (Constitutional Application No. 6 of 2002) [2003] UGCC 4 (16 January 2003)
Court stayed operation of sections 6(3) and (4) of the Political Parties Act pending constitutional petition, finding power to grant interim redress.
Constitutional procedure — interim relief — power to stay operation of statutory provisions pending constitutional determination; Article 137(4) and Article 50 remedial powers; limits of State immunity and injunctions against Government; inherent jurisdiction and adaptation of civil procedure for constitutional petitions.
 16 January 2003