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Interpretation of the Constitution (Procedure) Rules, 1992 (Modification) Directions

Current version
Enacted—
Commenced—
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Point-in-time consolidation. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 9 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Interpretation of the Constitution (Procedure) Rules, 1992 (Modification) Directions

2. These Directions shall apply to the

Constitutional Court Application in the exercise of its jurisdiction under clause (5) of article 137 of the Constitution, where the matter comes before the Court by reference from another court.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “These Directions shall apply to the”.

“Constitutional Court Application in the exercise of its jurisdiction under clause (5) of article 137 of the Constitution, where the matter comes before the Court by reference from another court.”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Constitutional Court Application in the exercise of its jurisdiction under clause (5) of article 137 of the Constitution, where the matter comes before the Court by reference from another court.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. The Interpretation of the Constitution (Procedure) Rules, Modification of 1992 are modified in accordance with

these Directions so as to S.I. No. 25 of read as set out in the Schedule to these Directions.

SCHEDULE Direction 3

(PROCEDURE)

RULES. Title. 1. These Rules may be cited as the Interpretation of the Constitution (Procedure) Rules.

Interpre 2. In these Rules, unless the context otherwise requirestation.

"Constitution" means the 1995 Constitution of Uganda;

"Court" means the Constitutional Court as provided by article 137 of the Constitution;

"original court" means a court of law other than a Field Court Martial, hearing proceedings in the course of which a question as to the interpretation of the Constitution has arisen; "reference" means a reference of a question of law as to the interpretation of the Constitution under clause (5) of article 137 of the Constitution. Manner of (1) Where a reference to the Court regarding any question as

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “The Interpretation of the Constitution (Procedure) Rules, Modification of 1992 are modified in accordance with”.

“these Directions so as to S.I. No. 25 of read as set out in the Schedule to these Directions.”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “The Interpretation of the Constitution (Procedure) Rules, Modification of 1992 are modified in accordance with”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. "Constitution" means the 1995 Constitution of Uganda;
  2. "Court" means the Constitutional Court as provided by article 137 of the Constitution;
  3. "original court" means a court of law other than a Field Court Martial, hearing proceedings in the course of which a question as to the interpretation of the Constitution has arisen; "reference" means a reference of a question of law as to the interpretation of the Constitution under clause (5) of article 137 of the Constitution. Manner of (1) Where a reference to the Court regarding any question as
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. making

reference to to the interpretation of the Constitution is to be made, the original court Court shall submit, the reference in terms of the Form specified in the Schedule to these Rules, stating the specific questions or issues to be answered or resolved by the Court. (2) The Registrar of the original court shall submit to the court eight copies of the reference and the reference shall be accompanied by a copy of the record of the proceedings of the original court. Service of

4. Where

the Court receives the reference from the registrar of reference the original court, the Registrar of the Court shall serve the reference on all parties to the proceedings in which the question of law has arisen and on the Attorney-General, and the addresses for service shall be as given by the parties in the proceedings in the original court. Notice for directions.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Where”.

“the Court receives the reference from the registrar of reference the original court, the Registrar of the Court shall serve the reference on all parties to the proceedings in which the question of law has arisen and on the Attorney-General, and the addresses for service shall be as given by the parties in the proceedings in the original court. Notice for directions.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. the Court receives the reference from the registrar of reference the original court, the Registrar of the Court shall serve the reference on all parties to the proceedings in which the question of law has arisen and on the Attorney-General, and the addresses for service shall be as given by the parties in the proceedings in the original court. Notice for directions.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

5. At the time of the service of the reference

the Registrar of the Court shall give notice to all parties and to the Attorney-General of the date for their attendance on the Court for directions on the following matters

(a)

whether the questions or issues set out in the reference should be amended;

(b)

whether at the hearing of the issues, apart from arguments of law, there is need for oral or affidavit evidence; except that the Court may, of its own motion call such evidence as will assist it in determining the real issues arising out of the reference;

(c)

whether legal argument shall be written or oral, or both, and at what date legal authorities should be disclosed before trial;

(d)

the date of the hearing and the proposed length of the hearing which shall be within twenty one days or as soon thereafter as may be practicable.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “At the time of the service of the reference”.

“the Registrar of the Court shall give notice to all parties and to the Attorney-General of the date for their attendance on the Court for directions on the following matters (a) whether the questions or issues set out in the reference should be amended;”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (a) whether the questions or issues set out in the reference should be amended;
  2. (b) whether at the hearing of the issues, apart from arguments of law, there is need for oral or affidavit evidence; except that the Court may, of its own motion call such evidence as will assist it in determining the real issues arising out of the reference;
  3. (c) whether legal argument shall be written or oral, or both, and at what date legal authorities should be disclosed before trial;
  4. (d) the date of the hearing and the proposed length of the hearing which shall be within twenty one days or as soon thereafter as may be practicable.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

6. The decision of

the Court or the decision of the Supreme Decision to be remitted Court, if there has been an appeal from the decision of the Court, shall to original be remitted to the original court which made the reference, and the court original court shall decide the matter before it in accordance with the decision of the Court or of the Supreme Court.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “The decision of”.

“the Court or the decision of the Supreme Decision to be remitted Court, if there has been an appeal from the decision of the Court, shall to original be remitted to the original court which made the reference, and the court original court shall decide the matter before it in accordance with the decision of the Court or of the Supreme Court.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. the Court or the decision of the Supreme Decision to be remitted Court, if there has been an appeal from the decision of the Court, shall to original be remitted to the original court which made the reference, and the court original court shall decide the matter before it in accordance with the decision of the Court or of the Supreme Court.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

7. (1)

Subject to the provisions of these Rules, the Civil Gvil Procedure Procedure Act and the Rules made under it shall apply in relation to Acj, etc, to proceedings before the Court as they apply to suits in the High Court, apply-

but with such modifications as may be necessary.

(2)

For the purpose of appeals against a decision of the Court, Cap. 65. S.1.179 of the Supreme Court Rules shall apply with such modifications as may 1972. be necessary.

SCHEDULE

FORM Rule 3.

REFERENCE TO THE CONSTITUTIONAL COURT

IN THE CONSTITUTIONAL COURT OF UGANDA

(PROCEDURE)

RULES

The Reference of the Hon. Mr/Lady Justice of the :. Court/the Court sitting at in Civil Suit/Criminal Case No of

I. The original court being of opinion that a substantial question of law as to the interpretation of the Constitution has arisen in the above proceedings.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “(1)”.

“Subject to the provisions of these Rules, the Civil Gvil Procedure Procedure Act and the Rules made under it shall apply in relation to Acj, etc, to proceedings before the Court as they apply to suits in the High Court, apply-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (2) For the purpose of appeals against a decision of the Court, Cap. 65. S.1.179 of the Supreme Court Rules shall apply with such modifications as may 1972. be necessary.
  2. (PROCEDURE) RULES
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

2. The question or issues are

(here state the question or issues)

1 ....................................

2 ............................................................................

3 .....................................................

3. The original court desires the Constitutional

Court to determ .ie the question or issues in order to dispose of the above suit/case; /or A.B. the plaintiff or C.D. the defendant or both parties requested the court to refer the above question(s) or issue(s) in order that the original Court may dispose of the above suit/case.

Dated this day of 1996.

Judge/Magistrate of the Court.

Name(s) of the Plaintiff(s), or name(s) of the Plaintiff's Advocate(s) and address(es) for service.

Name(s) of the Defendant(s) or name of the Defendant's Advocate and address for service

Name(s) of the Accused person or the name of the Accused's Advocate and address for service

S.S.W. WAMBUZI, Chief Justice.

Original Laws of Uganda consolidation — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.