A Critical Analysis Of The Effectiveness Of The Principle Of Separation Of Power In Uganda

ABSTRACT

In multi party nations the doctrine of separation of power should put at the apex as people have different political ideologies. This would not the case in states that have no multi party system as all people and all authorities would be acting and or seen to be acting in the name and in the interest of the all citizens who have a similar political thinking.

However, in a multi arty system of govemance, the opposition which is composed of the advising members of the sitting govemment wi II always need to see that all arms of government which happens to be the principle of the doctrine of separation of power independent from each other. Despite the fact that the executive is almost the appointing authority even of the judiciar). it would be disrespect of the doctrine if the executive uses the opp01tunity to exploit the judiciary and or direct it on how to do and conduct its work. On the other hand the legislature comprised of the members of the ruling party and the opposition, the executive should not direct its members on the conduct of their duties in the August House as this would lead to infringement on the independence of the house and the entire decisions there from.

Therefore all organs of the government should do and conduct their duties independently. Bearing in mind that each arm has a duty of checking on the other in terms of how it has used it powers. each ann should therefore diligently check on other in order to avoid misuse of power so vested in each institution.

More so the respect of either institution by the other encourages rule of Ia" as cWt') institution would conduct its self and its duties within the armpits of the powers so accorded to it by the law and in the event that it supersedes its powers. the other institution will have telcome in check on the same and the other will also respect the actions of the checking institution