2. Outline
• Define constitution and its
purpose (functions)
• Highlight process of constitution
making
• Factors influencing the process
• Constitution in Uganda: Evolution
• Politics of constitution making in
Uganda
• Relevance of constitution in
development
3. Constitution
• A set of established fundamental principles or precedents that govern a state
• Basic legal (political) rules that:
a) bind everyone in the state
b) concern structures and operations of government institutions, political principles, and
citizen’s rights
c) based on wider public legitimacy
d) are harder to change than other laws (required majority vote or referendum)
e) meet internationally recognized criteria (at a minimum) for democratic system –
representation and rights
(International IDEA, 2014)
So, laws/rules of a state/nation that determine government powers and duties and guarantee
citizens’ rights
4. Constitution: Document that connects of legal, social and
political life
Constitution as a:
1. legal instrument
→ supreme law that upholds rule of lad,
operationalizes power, limits power
2. social declaration
→ reflecting and shaping society – shared
ideas, values, symbols, etc.
3. political instrument
→ prescribes decision-making procedures by
state institutions - parliament, executive,
courts, head of state, local authorities
International IDEA (2014)
5. Functions of a constitution (purpose)
• Define and declare territorial and citizenship boundaries
• Defines and declares nature and authority of a political
community (sovereignty)
• Defines and declares identity and values of a state
• Defines and declares citizens’ rights and duties
• Establishes and regulates government/political institutions
• Divides and shares powers of different government levels –
central, federal, provincial, reginal, local…
• Can declare norms and values e.g., social and religious identity
in Arab nations
• Can commit states to particular socio-economic and political
development goals
6. Constitution making
Making a new constitution
Drafting and ratifying an entirely new
written constitution where non exists or
entirely replacing one that exists
New constitution
• → breaking from the past constitution,
• → retaining legal continuity or replacing
it as a whole
Amending existing constitution
Substantial constitutional reform
To amend not to replace as a whole
• → changes made but legal continuity
preserved
For example, if a country
chooses to move from
unitary to a federal the
country can choose to make
a new constitution or amend
the old to retain part of the
old one
7. Process of
constitution
making
1. High-level negotiations between represented
constituencies → arguments on procedures
2. Establishing a representative body e.g., commission
to lead public awareness and campaigns, and
prepare drafts
3. Establishing secretariat to support the mandates of
established bodies or commissions
4. Conducting public information and civic education
campaigns
5. Conducting public consultations
6. Submitting draft to a representative forum
7. Final adoption procedures e.g., majority voting or
referendum
8. Post adoption and education on implementation
9. Constitutional amendments
8. Factors influencing making or amendment
process
• Existence of the constitution)
• → no or yes → new or change
• Status of the existing constitution
• → changing or discrediting
• Political considerations (political dynamics)
• → feasibility to making or amending, seen as a
compromise to those in power, retention of agenda
and ideological control – party system
• Constitutional tradition
• → legal continuity. How important?
(International IDEA, 2018)
9. Constitution in
Uganda: Evolution
• Euro-centric British imperial rule until 1962
• End of colonial rule paved way for independent Uganda
Period Events Key actors Outcomes
1961-1962 Uganda Constitutional Conference organized
by British to prepare government handover
→ independence
Colonial administration
representatives, governor
of Uganda, representative
of Bunyoro and Buganda
Kingdoms, political parties
such as DP, UPC, etc.
First Ugandan Constitution
Buganda Agreement of 1962
replacing one of 1955
1964 Kabaka Edward Muteesa (the president)
resisted a vote on the Lost Counties (Buyaga
and Bugangizi – that were earlier annexed
from Bunyoro to Buganda) – The Colonial
head had treated this as a judicial question
not political issue
Kabaka Edward Muteesa
(president)
Milton Obote (Prime
Minister)
Committee member on
Lost Counties issue
Nakulabye Massacre leading
to 1966 crisis
10. Constitution in Uganda: Evolution
Period Events Key actors Outcomes
1966 Milton Obote
dismisses the
president and vice
president and
assumed presidency
President, Vice,
and Prime
Minister,
parliament,
army, judiciary
• 1962 Constitution formally abrogated in parliament
• ‘Pigeon –hole’ Constitution adopted by MPs who never
saw or debated it
• Military assaulted Buganda Kingdom → Kabaka fled to
UK
• Constitution was legally tested in the legal case
“Uganda Vs Commissioner of Prisons ex-parte Matovu”
that challenged the legality/validity of the 1966
Constitution
1967 The coup reached it
pinnacle Milton Obote
declared himself
president
Milton Obote
(self-declared
president), the
army
• New Republican Constitution imposed on the nation
• All kingdoms abolished
• Overthrow of 1966 government would later result in
military doctorship, judicial suppression …
11. Constitution in Uganda: Evolution
Period Events Key actors Outcomes
1971 Coup against Milton
Obote I
Idi Amin and the army Doctorship: “reign of
terror” by Idi Amin
Previous Constitution
not applicable
1986 Coup against Milton
Obote II
Museveni and NRA New government
1988-1995 National Resistance
Council established
Uganda constitutional
Commission in 1988 to
review 1967 Constitution
Government,
commission, constituent
assemblies…
1995 Constitution
12. Summary of Uganda’s Constitutions
1962-1966 1st Constitution
1966-1967 2nd Constitution
1967-1995 3rd Constitution
1995 – present 4th Constitution
Since promulgation, 4th constitution has been amended 5 times
• The Constitution (Amendment) Act, 2000, Act No.13 of 2000
which commenced on 15t September 2000
• Provided for the repeal and replacement of article 88 of the
Constitution; amended article 89; repealed and replaced article 90;
amended article 97 and inserted a new article 257A
• Amended by Constitution (Amendment) Act, 2005 (Act 11 of
2005) on 30 September 2005
• Amended by Constitution Amendment (No. 2) Act, 2005 (Act
21 of 2005) on 30 December 2005
• Removal of presidential term limits (limits removed in 2018) and
legalizing multi-party system
• Amendments to cater for Kampala as the Capital City, new districts,
regional governments
• Amended by Constitution (Amendment) Act, 2015 (Act 12 of
2015) on 24 August 2015
• Provide for electoral commission, judicial commission and relater
matters
• Amended by Constitution (Amendment) Act, 2018 (Act 1 of
2018) on 5 January 2018
• Repealing and replacing the five-year term for both members of
parliament and elected local government officials with seven years
• Repealing the minimum and maximum age limits foe the president
and LC chairpersons
• To increase the time period to file a presidential election challenge
13. Class discussion
Break into 4 groups to discuss the question:
• Each group one question
• 10 minutes discussions each
• 5 minutes presentation each
a) Were the amendments necessary?
b) What influenced the amendments and
the processes?
c) Who benefits from the amendments?
d) What is the implication on the political
and general development of the Uganda
14. Politics of constitution making in Uganda
• Political parities and ideologies – the idea of maintaining the “Movement System”
• Example
→ 1962 constitution was established in the context of alliance between Obote’s UPC and Buganda’s
Kabaka Yekka (KY) parties against DP.
→1986, after taking power, NRM deemed it necessary to break from Obote’s regime
• Suppressing political parties
• Example
→ Between 1989 – 1995 NRM banned activities of political parties
→ By 1993 constituent assembly prohibited parties from running candidates to be part of the
assembly that was established to adopt a new constitution
• Capitalization on fights among and within political parties
• Suppressing and controlling judicial system
• Corruption in the parliament to make amendments
• Constituting commissions that are pro-ruling party
• Suppressing and censuring media to have a controlled
• Controlled nature of civic education: highly monitoring civil society organizations activities
15. Relevance of the Constitution in the
development of a country
The ideal!!
• Fundamental framework for national development goals
• Ensures democratic governance thus providing equal opportunities for development
• Protection and upholding rights and freedoms of citizens → creating environment for citizens to
achieve wellbeing
• Protecting and responding to the individual or collective social, economic and political needs of
citizens
• Protects the state from exploitation by other states
• Constitution ➔ institutions ➔ development
• Constitution ➔ political ideology ➔ political economy ➔ development
16. Resources
1. International IDEA. (2014). What Is a Constitution? Principles and Concepts. The
International Institute for Democracy and Electoral Assistance (International IDEA)
2. International IDEA. (2018). Constitutional beginnings: Making and amending
constitutions. Melbourne Forum Constitutional INSIGHTS No. 1. The International
Institute for Democracy and Electoral Assistance (International IDEA)
3. Tripp, A. M. (2010). The politics of constitution making in Uganda. Framing the state in
times of transition: case studies in constitution making, 158-175.
4. Odoki, B. J. (2001). The Challenges of Constitution-making and Implementation in
Uganda.
5. Website: International IDEA – www.consititutionnet.org
