NAME: LISA KALUBA

PROGRAM: BACHELOR OF LAWS

SUBJECT: CONSTITUTIONAL LAW

ASSIGNMENT: 1

COMPUTER NUMBER: 2023000833

LECTURER: MR HABANYAMA

SUBMISSION DATE: 31ST MARCH, 2023

Contents
INTRODUCTION...........................................................................................................................
CONSTITUTIONAL LAW.............................................................................................................
Constitutional Principles:.............................................................................................................
STATUTORY LAW.......................................................................................................................
Public Order Act:.........................................................................................................................
CASE OVERVIEW.........................................................................................................................
Case References:..........................................................................................................................
Conclusion:..................................................................................................................................
References........................................................................................................................................
INTRODUCTION

A constitution is a fundamental set of principles or rules that guides a country or

organization's governance. It typically outlines the basic structure of the government, the
powers and limitations of each branch of government, and the fundamental rights and
freedoms of citizens. (Friedman 2002).

The constitution plays a critical role in shaping the governance and legal system of a country,
and in protecting the rights and freedoms of its citizens. Other reasons outlining the
importance of the constitution are:

First, it establishes the framework for the government's organization and operations,
including the powers and limitations of each branch of government. This helps to ensure that
the government operates in a way that is fair and just, and that power is not concentrated in
any one individual or group.

Second, the constitution protects the fundamental rights and freedoms of citizens, such as the
right to free speech, the right to bear arms, and the right to a fair trial. These rights are
essential for a democratic society, as they enable individuals to express themselves freely,
participate in the political process, and seek redress if their rights are violated.

Third, the constitution provides a basis for resolving disputes and addressing societal
problems. Its provisions and amendments can be used to adapt to changing circumstances and
address new challenges that arise.

In the remaining pages of this document you will find information that clearly explains the
importance and necessity of constitutional law. The document will make reference to a
number of cases where constitutional law was exercised. However, the primary focus will be
to highlight the significance of the case of the law in regards to the case of Christine
Mulundika and Seven others v The People.

CONSTITUTIONAL LAW
Constitutional law is the branch of law that deals with the interpretation, implementation, and
enforcement of a country's constitution. It encompasses a range of legal issues related to the
fundamental principles and rules that govern the operation of the government and the rights
and freedoms of citizens (Chemerinsky 2015).
Constitutional law includes the interpretation of constitutional provisions, the power and
limitations of government institutions and officials, and the protection of individual rights
and freedoms. It also encompasses issues related to the distribution of powers between
different levels of government, such as the federal and state governments in the United States.

Constitutional law is often invoked in cases involving civil rights and civil liberties, such as
freedom of speech, freedom of religion, and the right to privacy. It also plays an important
role in the checks and balances of the government, ensuring that no branch of government
becomes too powerful or oversteps its bounds.

Constitutional law is a critical component of a country's legal system, ensuring that the
government operates in accordance with the principles and values established in its
constitution, and protecting the rights and freedoms of its citizens. It also plays a critical role
in shaping the governance and legal system of a country, protecting the rights and freedoms
of its citizens, maintaining a balance of power between the branches of government,
resolving disputes, and adapting to changing circumstances over time.

Constitutional law is important for several reasons:

1. Protection of rights and freedoms: Constitutional law protects the rights and freedoms
of individuals from government encroachment. It ensures that the government
operates within the bounds of the constitution, and that it cannot violate the
fundamental rights of citizens, such as freedom of speech, freedom of religion, and
the right to a fair trial.

2. Maintenance of government structure and balance of power: Constitutional law helps

to maintain the structure of government and the balance of power. It ensures that the
government operates in accordance with the principles and values established in the
constitution, and that no branch becomes too powerful or oversteps its bounds.

3. Resolving disputes: Constitutional law provides a framework for resolving disputes

and addressing societal problems. Its provisions and amendments can be used to adapt
to changing circumstances and address new challenges that arise.

4. Adaptability to changing times: Constitutional law is adaptable and flexible, and can
change over time to reflect changing societal norms and values. Its flexibility and
 ability to adapt ensures that it remains relevant and effective in an ever-changing
society.

CONSTITUTIONAL PRINCIPLES:
Constitutional principles are the fundamental ideas and values that are enshrined in a
country's constitution and that guide its governance. These principles serve as the foundation
for the legal system, and they help to ensure that the government operates in a way that is
just, fair, and responsive to the needs of its citizens (Feldman 2013).

Some common constitutional principles include:

1. Separation of powers: This principle divides the government into separate branches
(legislative, executive, and judicial) and gives each branch distinct powers and
responsibilities. This helps to prevent any one branch from becoming too powerful
and serves as a check on the others.

2. Rule of law: This principle holds that everyone, including the government, must abide
by the law. It ensures that laws are applied equally to all citizens and that no one is
above the law.

3. Federalism: This principle divides power between the federal government and the
state governments, with each having its own distinct powers and responsibilities. This
helps to ensure that power is not concentrated in any one place and that decisions are
made at the most appropriate level of government.

4. Protection of individual rights: This principle guarantees certain rights and freedoms
to citizens, such as freedom of speech, freedom of religion, and the right to a fair trial.
These rights are protected by the constitution and serve as a check on the
government's power.

STATUTORY LAW
Statutory law is a type of law that is created and enacted by a legislative body, such as a
parliament, congress, or city council. It is a written law that is codified in a statute or code,
and it covers a wide range of subjects, including criminal law, civil law, commercial law, and
administrative law.
Statutory law is a key source of law in most legal systems and is used to govern many aspects
of daily life. It is typically passed by the legislative body of a country or jurisdiction and sets
out rules, regulations, and procedures that must be followed by individuals, businesses, and
organizations.

Statutory law is enforced by law enforcement agencies and the courts, and violations of
statutory law are considered criminal or civil offenses under the law. The penalties for
violating statutory law can include fines, imprisonment, or other legal sanctions, depending
on the severity of the offense and the laws of the jurisdiction. (Grossfeld 2016)

Statutory law plays a crucial role in maintaining a fair and just legal system that serves the
needs of individuals, businesses, and organizations in a society. The following outline its
importance in a social setting:

1. Provides certainty: Statutory law provides certainty and predictability as it is written

down and available for everyone to read and understand. This makes it easier for
individuals, businesses, and organizations to understand their rights and obligations
under the law.

2. Reflects societal values: Statutory law reflects the values and beliefs of the society
that creates it. As such, it reflects what the society considers to be acceptable or
unacceptable behaviour, and provides a mechanism for enforcing those values.

3. Promotes consistency: Statutory law promotes consistency in the application of the

law by ensuring that the same legal principles apply to all individuals, businesses, and
organizations within a given jurisdiction.

4. Provides guidance: Statutory law provides guidance to judges, lawyers, and other
legal professionals in interpreting and applying the law. It serves as a reference point
for legal disputes and helps to resolve conflicts in a fair and consistent manner.

5. Enables change: Statutory law can be changed and updated over time to reflect
changing societal values and needs. This ensures that the law remains relevant and
effective in addressing the challenges faced by society.
PUBLIC ORDER ACT:
A Public Order Act is a type of law that regulates public assemblies and processions in public
places. It is a law that aims to balance an individual's right to freedom of expression and
assembly with the need to maintain public safety and order. (Smith 2019)

The specific provisions of a Public Order Act may vary depending on the jurisdiction, but it
typically sets out rules and regulations for public assemblies and processions, such as the
requirement to give notice to the police before a procession or assembly takes place, and the
prohibition of certain types of behaviour that may incite violence or lead to public disorder.

In most countries, the Public Order Act is enforced by the police, who have the power to
disperse public assemblies or processions that violate the provisions of the law. The penalties
for violating the Public Order Act may include fines, imprisonment, or both, depending on
the severity of the offense.

The purpose of a Public Order Act is to balance the right to free expression with the need to
maintain public safety and order. It seeks to protect the public and property from violence and
disorder while also allowing individuals to express themselves freely and peacefully.

At this point the document has outlined clearly the definitions and the importance of the laws
that where in play with regard to the case of Christine Mulundika and Seven others v The
People.

In the remainder of the document the author will provide an overview of the case and draw a
conclusion on why this case is of great significance to constitutional law.

CASE OVERVIEW
(Christine Mulundika and Seven others v The People)

The case describes how the defendants made an application to a regulating officer in the area
of concern so as to have a gathering. Due to a number of factors the application was denied.
The defendants however proceeded to have their gathering without having obtained the
permit.
A case was opened to trial the defendant for the violation of the public order act Cap 104.
However, the defendants argue that they are well within their constitutional rights as stated in
articles 20 and 21.

From the overview we are able to deduce that this is a conflict between Statute and
Constitutional law.

When there is a conflict between constitutional law and statutory law, it is the duty of the
courts to interpret and apply the law in a manner that is consistent with the Constitution. The
courts will examine the facts of the case, the provisions of the Constitution, and the
provisions of the statute to determine whether there is a conflict between the two.

If a conflict is found, the court will give priority to the constitutional provision over the
statutory provision. This ensures that the constitutional rights and protections of individuals
are not violated by the enforcement of an unconstitutional statute.

Overall, the Constitution is the ultimate authority in the legal system and provides a
mechanism for protecting the fundamental rights and freedoms of individuals.

Reference can be made to other cases where this standpoint was exercised.

CASE REFERENCES:
1. In Pumbum and Another V Attorney General and Another (1993). In this case they
held that a law which seeks to limit the right if the individual on grounds of public
interest must satisfy two essential requirements. (1) The law must be lawful in the
sense that it is not arbitrary. (2) The limitation imposed by such a law must not be
more than reasonably necessary to achieve the legitimate object.

2. In The State V the Ivory Trumpet Publishing Company Ltd and others (1984).In
this case Araka, C.J., of the High Court said “Freedom of speech is no doubt the very
foundation of every democratic society for without free discussion particularly on
political issues, no public education or enlightenment, so essential for the proper
functioning and execution of the processes of responsible government is possible.”

3. In RE Munhumeso and Others (1994). Commenting upon their law which required
a permit, they found that section 6 was plainly at variance with the enjoyment of
 freedom of expression and assembly protected under sections 20 and 21 of their
constitution.

CONCLUSION:
From the above cases and the that of primary focus we can deduce that the constitutional law
takes advantage over the statutory laws in most if not all cases. As with the case of Christine
Mulundika and Seven others v The People. This case is considered one of the most
important cases as it highlights clearly the concept of constitutional supremacy.

Constitutional supremacy is the principle that a country's constitution is the highest law of the
land, and that all government actions and laws must conform to it. This means that the
constitution is supreme over all other laws, including those made by the government or
parliament. (Turabian 2018)

Under constitutional supremacy, the constitution is the ultimate authority in a country, and all
other laws and actions must be consistent with its provisions. This principle is often
enshrined in the constitution itself, and it is meant to ensure that the government does not
exceed its constitutional authority or violate the rights of citizens.

Constitutional supremacy is a key feature of many democratic systems of government, as it

helps to protect the rule of law, individual rights and liberties, and the separation of powers
between different branches of government. It also ensures that the government operates
within the limits set by the constitution, and that the constitution can only be amended
through a proper and transparent process.
REFERENCES

Chemerinsky, E. 2015. " Wolters Kluwer." Constitutional Law: Principles and Policies. .

Feldman, N. 2013. "Constitutional Law: Principles and Policies." 4th ed. Oxford University
Press.

Friedman, M. 2002. "Capitalism and Freedom: Fortieth Anniversary Edition." University of

Chicago Press. 5.

Grossfeld, B., and J. Hillman. 2016. "Understanding Law in a Changing Society." 2nd ed.
New York: Routledge. 44 -48.

Smith, J., and T. Jones. 2019. "Public Order Acts: Balancing Free Expression and Public
Safety. ." New York: Oxford University Press.

Turabian, Kate L. 2018. "A Manual for Writers of Research Papers, Theses, and
Dissertations." 9th ed. Chicago: University of Chicago Press 63-64.