Papers by African Akampurira
Constitution of India: Article 14. "Equality before law.-The State shall not deny to any person e... more Constitution of India: Article 14. "Equality before law.-The State shall not deny to any person equality before law or equal potection of laws within the territoy of India." Dicey's Rule of Law ** Dicey said: "It means, in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of law, but he can be punished for nothing else. It means, again, equality before the law, or the equal subjection of all classes to the ordinary law courts; the 'rule of law' in this sense excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs other citizens or from the jurisdiction of the ordinary tribunals; there can be with us nothing really corresponding to the 'administrative law' (droit administratif) or the 'administrative tribunals' (tribunaux administratifs) of France. The notion which lies at the bottom of the 'administrative law' known to foreign counrties is, that affairs or disputes in which the Government or its servants are concerned are beyond the sphere of the civil courts and must be dealt with by special and more or less official bodies. This idea is utterly unknown to the law of England, and indeed is fundamentally inconsistent with our traditions and customs." According to Dicey, the Rule of Law, as he formulated it, was a principle of the English Constitution. The preface to the first edition says that the book "deals with only two or three guiding principles which pervade the modern Constitution of England," and the book shows that the Rule of Law is one such principle. This is important, for the modern version of that rule does not assert that it is a principle of the English Constitution, but that the rule is an ideal by reference to which that Constitution must be judged. Dicey's "Rule of Law" has been criticised by eminent writers. I will, however, make certain observations about Dicey's "Rule of Law" which would be generally accepted today. (a) Dicey wrote in the heyday of laissez-faire and he dealt with the rights of individuals not with the powers of the administration. (b) It is tempting to say that the welfare state has changed public law, and consequently delegated legislation and the exercise of judicial functions by administrative bodies have increased. But the true view is that Dicey's Rule of Law, which was founded on the _____________________ * H.M. Seervai, "The Supreme Court of India and the Shadow of Dicey" in The Position of the Judiciary under the Constitution of India, pp. 83-96 (1970). ** A.V. Dicey, Law of the Constitution (1885).
If one party performs their obligations to a greater percentage under a contract, leaving a minor... more If one party performs their obligations to a greater percentage under a contract, leaving a minor omission or fault under the contract, the courts will accept this performance as discharging the contract." Discuss the veracity of this statement and the consequences of failure to discharge obligations under the contract. (20 marks) Font name: Times New Roman Font size: 12 Line spacing: 1.5 No. of Pages: Eight pages
The Investing officer, Arua police station has approached you and under the impression that you c... more The Investing officer, Arua police station has approached you and under the impression that you can ably advise him on all the possible offences disclosed by the facts, two most appropriate offences with which the suspects can be charged and whether the state can secure convictions against each of them.
The objective of this course is to introduce you to the Penal Code Act, Cap. 120 and the elements... more The objective of this course is to introduce you to the Penal Code Act, Cap. 120 and the elements of particular crimes. Broadly these crimes can be categorized as offences against the person, offence against property, offences against public tranquility, offences against the administration of justice, offenses against morality, forgery and similar offences, offences against liberty, offences under the Anti Corruption Act e.g corruption, abuse of office, causing financial loss, illicit enrichment, and similar offences, offences under the Traffic & Road Safety Act 1998, Offences of strict liability nature ,for instance under the Uganda Wild life Act, anti Terrorism Act, Narcotic Drugs & Psychotropic Substances act 2016,etc. The course will also look at inchoate offences, incitement, conspiracy and attempts etc. By the end of this course you should: (a) Be familiar with the Penal Code Act, Cap. 120; (b) Be aware of the crimes and offences prescribed in the Penal Code Act; (c) Know the elements of the crimes and offences in the Penal Code Act; (d) Be aware of other legislation creating other major crimes and offences; (e) Know the general principles of criminal responsibility;
This course is designed to introduce law students to the nature of administrative law generally a... more This course is designed to introduce law students to the nature of administrative law generally and to the various types of administrative authorities in Uganda. Students will be introduced to the background of administrative law and where it fits within the constitutional framework of Uganda's legal system. They will then be given an in-depth study of the various administrative authorities and their powers and functions. Course Objective This course is intended to provide law students with a firm grounding in the intricacies of the operations of various administrative authorities in Uganda. At the end of the course the students should be able to appreciate the rationale for their existence, their powers and limitations and the various procedures that should be followed in the dayto-day operations of administrative authorities in Uganda. Course Evaluation System: The grade for the course is based on: (a) Course work which will consist of one essay assignments carrying 15 marks out of a total of 30% (b) Class attendance and participation is a must. Unauthorised absence from class may cost you 10% of the coursework. Please note that class participation is not just talking-it is informed participation. A student who is not equipped with knowledge of the cases for that class should not bother to come to class. (c) The essay assignment should include a title page, footnotes and a bibliography that are presented in an accepted academic style (d) Marks will be deducted for late submissions of coursework 2 (e) Plagiarism and any form of cheating will be heavily punished
This course is designed to introduce law students to the nature of administrative law generally a... more This course is designed to introduce law students to the nature of administrative law generally and to the various types of administrative authorities in Uganda. Students will be introduced to the background of administrative law and where it fits within the constitutional framework of Uganda's legal system. They will then be given an in-depth study of the various administrative authorities and their powers and functions. Course Objective This course is intended to provide law students with a firm grounding in the intricacies of the operations of various administrative authorities in Uganda. At the end of the course the students should be able to appreciate the rationale for their existence, their powers and limitations and the various procedures that should be followed in the dayto-day operations of administrative authorities in Uganda. Course Evaluation System: The grade for the course is based on: (a) Course work which will consist of one essay assignments carrying 15 marks out of a total of 30% (b) Class attendance and participation is a must. Unauthorised absence from class may cost you 10% of the coursework. Please note that class participation is not just talking-it is informed participation. A student who is not equipped with knowledge of the cases for that class should not bother to come to class. (c) The essay assignment should include a title page, footnotes and a bibliography that are presented in an accepted academic style (d) Marks will be deducted for late submissions of coursework 2 (e) Plagiarism and any form of cheating will be heavily punished
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Papers by African Akampurira