Constitutional Court of Uganda - 2003 March

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2 judgments

Citation	Judgment date
March 2003
Uganda Law Society and Another v Attorney General (Constitutional Application 7 of 2003) [2003] UGCC 2 (31 March 2003) Application to suspend Field Court Martial death‑sentence provisions refused; court found military necessity and special‑court status outweighed applicants' prima facie case. Constitutional law – Military courts – Field Court Martial – Power to impose death sentence without Supreme Court confirmation – Article 22(1) right to life – Special status of Field Court Martial (articles 121(6), 137(5)) – Interim relief – balance of convenience and prima facie case.	31 March 2003
Uganda Law Society and Another v Attorney General (Constitutional Application No. 7 of 2003) [2003] UGCC 5 (31 March 2003) Interim suspension of Field Court Martial death-sentence provision refused; Field Court Martial deemed special, Article 22(1) not applicable in same manner. Military law – Field Court Martial – special subordinate court constituted for field operations – statutory and constitutional recognition of special status. Constitutional law – right to life and fair hearing (Article 22(1)) – applicability to military special courts. Appeals and confirmation of death sentences – regulatory scheme excludes Field Court Martial from Supreme Court confirmation. Interim relief – prima facie case, balance of convenience, irreparable harm considerations.	31 March 2003