Constitutional Interpretation

Mabirizi Kiwanuka & ors Vs Attorney General (CONSTITUTIONAL APPEAL NO. 02 OF 2018) [2019] UGSC 6 (18 April 2019);


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This was an appeal from the judgment of the
Justices of the Constitutional Court. The
background is that the appellants approached
the constitutional court challenging the
constitutional Amendment on the age limit as a
constitutional requirement for running for
president. The court of appeal considered
whether the process of the amendment was
done right and whether the presence of the
military in the parliament flawed the
constitution amendment process. The court
held that though the presence of the army in
the parliament was unlawful, it didn’t flaw the
process. The majority of the justices upheld the
constitutionality of the amendment process
hence this appeal.
The appeal to the supreme court considered
whether the basic structure doctrine was
applicable to the instant application and
whether it had been altered by the amendment
of the constitution.

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