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  • Constitutional Law

Long Walk To Justiciability: Article 8a And Uganda’s National Objectives And Directive Principles Of State Policy

Article by Kansiime M. Taremwa and Lisandra Kabagenyi


The 1995 Constitution of the Republic of Uganda was lauded by many commentators as one of the best in the region. Much of these sentiments of admiration gained traction because of the comprehensive nature of the Bill of Rights in Chapter 4 of the Constitution. However, the main body of Chapter 4 did not include a number of economic, social and cultural rights and they were instead included as part of the manifesto of aspirations code named, the “National Objectives and Directive Principles of State Policy.” Judicial enforcement of ESCRs became difficult because of the fact that these National Objectives were not considered justiciable. In 2005, the Constitution was amended, introducing a new Article 8A in its main body that seemed to suggest that NODSPs were not merely aspirations. Notwithstanding some victories, the experience that the courts have had with Article 8A has left a lot to be desired.

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