Nature of Administrative Law in Uganda

Public administrative authorities include: (a) President (b) Ministers (c) State Secretaries (d) civil servants employed in the civil service (e) local authorities and administrative units (f) Constitutional Commissions (g) Constitutional Officials (h) Public bodies (i) Administrative courts (j) The police Discuss the different constitutional principles governing administrative law and analyse whether they are a reality. Introduction Article 42 of the Constitution 1[1][1] states that: Ministers are also called upon to carry out administrative tasks relating to: Activities —The President is also the Commander-in-Chief of the Uganda Armed Forces. Discuss the administrative functions associated with this constitutional function. Administrative law is the branch of public law that defines the relationship between individuals and the State. But it is not a law in the strict sense like other laws such as property law or labor law. Nor is it like private law, which deals with individual relations, but it is a law that administers administrative authorities and prevents them from making arbitrary decisions. Administrative law deals with the organization, powers and tasks of administrative authorities, as well as the procedure followed by officials in the exercise of their powers. Administrative law is limited to the law that limits the powers of administrative authorities in the exercise of those powers. It also provides for remedies in favour of the public when the rights of the public are affected. The government publication “Der Richter über die Schulter” (last updated in 2006) provides an overview of the principles of administrative law and the judicial review procedure. In addition, there is a document called “Making Good Decisions” which relates only to Wales and gives a similar overview. This study was carried out in autumn 2015, followed by assessments of the latest developments in the region until early April 2016. The team of experts from the Institute of Public Administration in Zagreb, Croatia, was commissioned to prepare the study.

The team consisted of researchers with extensive experience in supporting, monitoring, evaluating and researching administrative modernization efforts in the region. They are university professors and lecturers with experience as international experts in administrative modernization and the development of administrative procedural law, as well as academic research on public administration reforms. The expert team collected an impressive amount of information, data and legislation from six Western Balkan countries and three countries whose experience seems particularly important for the Western Balkans – Austria, Slovenia and Croatia, all three now members of the EU. Taking into account that remedies are at the heart of the system for protecting citizens` rights in their relations with public administrative bodies, the study presents and analyses the evolution of the framework of administrative procedural law, examines the extension of the concept of protection of citizens` rights, analyses appeals and ex officio interference in administrative acts and concludes with alternative dispute resolution mechanisms. Many recommendations were made from the analysis and presented in the study. The Task Force hopes that the recommendations and lessons learned can contribute significantly to administrative improvements in the region and beyond. Administrative law is such an important part of public law. Human rights violations and other crimes against humanity around the world are a consequence of the lack of regulation of abuses by administrative systems. The main task of administrative law is to maintain the authority of government under the law and to protect the public rights and interests of the individual. As we know, the scope of government expands over time. Administrative law is judicial law.

It is usually unwritten and is an uncodified constitution. The role of the current law is to limit the power of the government and to supervise administrative authorities. In general, we are unlikely to rely on the common law to resolve the growing disputes between individuals and authorities. Real legislation is needed for the government to take action to resolve such disputes. (b) Appointment of civil servants Article 172 (a) of the Constitution gives the President the power to appoint certain categories of civil servants. These include: – Permanent Secretaries – Directors of Government Departments – Ambassadors/High Commissioners – Members of the Public Service Commission, the Health Services Commission, the Education Services Commission, the Justice Service Commission – Governor of the Bank of Uganda – Auditor General – Inspector General of Police – Members of the Government Inspectorate – Members of the Uganda Commission of Human Rights – Members of the Electoral Commission – Judges of the High Court, Court of Appeal and Supreme Court – The Director of Public Prosecutions In the exercise of functions related to appointments, the President becomes an administrative authority. Therefore, it is intended to: Any person aggrieved by a decision of an administrative authority has the right to apply to the court for a judicial remedy in accordance with Article 98 of the Code of Civil Procedure, Chapter 71. The court makes writs of certiorari, which overturn the decision of the administrative authority, mandamus, which compels the respondent to do something, and a prohibition order, which prevents the respondent from reacting to something. These ordinances were discussed in Oyaro City Council John Owinyi V Kitgum MC No. 007 of 2018. Now, we can define administrative law as the law that is part of the public law of a nation that deals with administration, it also includes the procedure followed by the authorities according to administrative law, which deals with the procedure that involves the exercise of powers, the limitation of the powers that are imposed on the public, as well as the remedies available to the public when its rights are infringed.

Administrative law defines the relationship between the public and the state and protects against arbitrariness that is unfair to the public without reasonable cause. Administrative law is based on a number of constitutional foundations. Understanding the constitutional provisions is crucial as it allows the public administrator to assess the constitutional effects of all the acts envisaged. Objectives By the end of this session, you should be able to  Know the relevance of the Constitution for a public official.  Identify provisions of the Constitution that have administrative implications. The Constitution of Uganda (1995) is a fundamental document that regulates all aspects of life in the country. The Constitution provides a general framework for the distribution of State powers. It establishes and distributes power among the main organs of the State, i.e. the President, Parliament and the judiciary. It also establishes the most important public and constitutional functions. The Constitution enshrines the human rights of the individual and provides mechanisms for the enforcement of rights and freedoms.

The Constitution also contains provisions relating to the civil service, local administration, public finance and security. In India, administrative law is almost judicial law. Thus, it suffers from more facilities and advantages due to judicial legislation. The judiciary interprets the law according to the deadlines and issues directives on it. It affects administrative law and makes it stronger and more advantageous. It is a branch of the constitution that regulates the three branches, i.e. legislative, executive and judicial, in the same way that the administration regulates all administrative authorities and protects them from corrupt practices. Its main objective is to focus on the judicial review of administrative acts. In this way, there is protection against arbitrary acts of administrative acts.

Administrative measures may be legislative, executive or judicial. The administration can perform all three actions if necessary.