Kenya, Uganda, Zimbabwe
Kenya, Zimbabwe and Uganda are all African countries that have undergone either Constitutional review or are or have experienced some form of Human rights and legitimacy crisis. A comparative study on the political and constitutional state of these African countries will help elucidate the problems these countries face, and provide effective solutions based on the successful South African state. After careful inspection of their constitutional provisions and other legislation, advice will be given on the measures to be adopted in order to become true constitutional democracies. Using the following topics, one can see more clearly the specific problems that each country faces:* Separation of powers and Checks and Balances* Protection and Advancement of Human RightsFor any state to become a true constitutional democracy, it is essential that all of the above mentioned facets are fully functioning and embedded in their respective Constitutions. Kenya, Uganda and Zimbabwe all face problems in different areas, and are all therefore not yet fully functioning constitutional democracies.Constitutional Supremacy is integral in the running of a heal
Many violations of human rights have also occurred as a consequence of the civil war in the North, including the continued recruiting of child soldiers by both the Lord's Resistance Army and the Ugandan army' (Amnesty International 2: 2001). He goes on to say that in contemporary Uganda, this is still the case as parliament, as is the case with every other institution or individual in the country, is subordinate to the Constitution. [An example] will illustrate this observation: the real objective for amending Section 16 under the IPPG reforms in 1997 was to facilitate the formation of a coalition government. The rule of law and the independence of the judiciary is already shown to be essential in the development of a constitutional democracy. This relates to the Separation of powers and Checks and Balances and even the Independence of the Judiciary. The courts must be allowed to carry out their duties without fear of veiled threats if the executive does not approve of their decisions" added Nicholas Howen" (ICJ: 2004). In Zimbabwe there are no checks and balances, and no separation of powers. ConclusionKenya, Zimbabwe and Uganda are all African countries that have and are experiencing some form of Human rights and/or legitimacy crisis. " "Subsequently the Government indicated it would appeal the Constitutional Court's decision to the Supreme Court. "We welcome the Government's willingness to test the legal merits of the decision through the normal course of an appeal to the highest court," said Nicholas Howen "and trust that this will be the end of statements that threaten the independence of the judiciary" (ICJ: 2004). It is also necessary to have a healthy civil society where people can take part in debate, having groups like Non-governmental organisations, etc. Its most novel feature gives citizens the right to hold regular referenda on the structure of the country's political system" (All Africa: 2004). "The independence of the judiciary and the separation of powers is enshrined in the Ugandan Constitution and international standards. "The functions of making law, executing law and resolving disputes through the application of the law should therefore be kept separate and, in principle, be performed by different institutions or persons" (de Waal, et al; 2001: 95).
Common topics in this essay:
Supremacy Constitution,
Ugandan Constitution,
Human Rights,
Independence Judiciary,
Allowing Mugabe,
South Africa,
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Justice Gillespie,
Kenyans Kanu,
Rights Commission,
human rights,
independence judiciary,
checks balances,
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rights violations,
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advancement human rights,
protection advancement human,
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Acceptance Essays
