Under Marshall, the Court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution (Marbury v. Madison) and making several important constitutional rulings that gave shape and substance to the balance of power between the federal government and states (notably, Martin v. Hunter's Lessee, McCulloch v. Maryland and Gibbons v. Ogden). The Marshall Court also ended the practice of each justice issuing his opinion seriatim, a remnant of British tradition, and instead issuing a single majority opinion.
Supreme CourtUnited States Supreme CourtU.S. Supreme Court
Even so, these directives are subject to judicial review by U.S. federal courts, which can find them to be unconstitutional. Moreover, Congress can overturn an executive order though legislation (e.g., Congressional Review Act). The president also has the power to nominate federal judges, including members of the United States courts of appeals and the Supreme Court of the United States. However, these nominations require Senate confirmation. Securing Senate approval can provide a major obstacle for presidents who wish to orient the federal judiciary toward a particular ideological stance.
In 1803, the Supreme Court established judicial review of federal legislation in Marbury v. Madison, holding, however, that Congress could not grant unconstitutional power to the Court itself. The Constitution does not explicitly state that the courts may exercise judicial review; however, the notion that courts could declare laws unconstitutional was envisioned by the founding fathers. Alexander Hamilton, for example, mentioned and expounded upon the doctrine in Federalist No. 78. Originalists on the Supreme Court have argued that if the constitution does not say something explicitly it is unconstitutional to infer what it should, might or could have said.
All laws and governmental procedures are subject to judicial review and any law ruled by the courts to be in violation of the Constitution is voided. The principle of judicial review, not explicitly mentioned in the Constitution, was established by the Supreme Court in Marbury v. Madison (1803) in a decision handed down by Chief Justice John Marshall. The United States is a federal republic of 50 states, a federal district, five territories and several uninhabited island possessions. The states and territories are the principal administrative districts in the country. These are divided into subdivisions of counties and independent cities.
constitutional republicrepublicsrepublican form of government
The Supreme Court, in Luther v. Borden (1849), declared that the definition of republic was a "political question" in which it would not intervene. In two later cases, it did establish a basic definition. In United States v. Cruikshank (1875), the court ruled that the "equal rights of citizens" were inherent to the idea of a republic. However, the term republic is not synonymous with the republican form. The republican form is defined as one in which the powers of sovereignty are vested in the people and are exercised by the people, either directly, or through representatives chosen by the people, to whom those powers are specially delegated.
Prof Oloka-Onyango's Professorial Inaugural Lecture, entitled Ghosts & the Law, contained a detailed analysis of the origins, manifestations and intricacies of the Political Question Doctrine in Uganda and its closely related co-concept of Public Interest Litigation and together, their impact on Constitutionalism, the Doctrine of Separation of Powers, enforcement of fundamental Human rights, judicial independence, the phenomenon of "Presidentialism" and other aspects of modern state life. Within this lecture, he also extensively reviewed the historic precedent in Uganda v Commissioner of Prisons, Ex Parte Matovu and its effects on Ugandan jurisprudence to-date.
AminIdi Amin DadaAmin regime
Following Uganda's independence from the United Kingdom in 1962, Amin remained in the armed forces, rising to the position of major and being appointed Commander of the Army in 1965. Aware that Ugandan President Milton Obote was planning to arrest him for misappropriating army funds, Amin launched a 1971 military coup and declared himself President. During his years in power, Amin shifted from being a pro-western ruler, enjoying considerable Israeli support to being backed by Libya's Muammar Gaddafi, Zaire's Mobutu Sese Seko, the Soviet Union, and East Germany.
Kingdom of BugandaBagandaBuganda Region
During the Scramble for Africa, and following unsuccessful attempts to retain its independence against British imperialism, Buganda became the centre of the Uganda Protectorate in 1894; the name Uganda, the Swahili term for Buganda, was adopted by British officials. Under British rule, many Baganda acquired status as colonial administrators, and Buganda became a major producer of cotton and coffee. Following Uganda's independence in 1962, the kingdom was abolished by Uganda's first Prime Minister Milton Obote in 1966.
UPCUganda Peoples CongressUgandan People's Congress
The UPC dominated Ugandan politics from independence until 1971, when Milton Obote was overthrown by Idi Amin. The party returned to power under Obote in 1980 until he was overthrown again in 1985 by Tito Okello. The history of the UPC is intertwined with the ethnic divide that has plagued Uganda since it was a British protectorate. As independence approached in the 1940s-1950s, it was clear that the Baganda (the largest ethnic group) wanted extensive autonomy in Uganda, and the Buganda King's party Kabaka Yekka ("The King Only") emphasised this desire.
UPDFUgandan ArmyUgandan Air Force
On 9 October 1962, Uganda became independent from the United Kingdom, with 4th Battalion, King's African Rifles, based at Jinja, becoming the Uganda Rifles. The traditional leader of the Baganda, Edward Mutesa, became president of Uganda. Milton Obote, a northerner and longtime opponent of autonomy for the southern kingdoms including Buganda, was prime minister. Mutesa recognized the seriousness of the rank-and-file demands for Africanising the officer corps, but he was more concerned about potential northern domination of the military, a concern that reflected the power struggle between Mutesa and Obote.
Kampala Capital City AuthorityKampala, UgandaLugogo
From that time until the independence of the country in 1962, the capital was relocated to Entebbe, although the city continued to be the primary economic and manufacturing location for Uganda. In 1922, the Makerere Technical Institute, now known as Makerere University, started as the first collegiate institution both within Kampala, and within the British colonies on the east coast of Africa. Following the 1962 independence, Milton Obote became president of Uganda, and held the position until 1971, when former sergeant Idi Amin deposed his government in a military coup.
Prime MinisterOffice of the Prime Ministercomplete list
The Prime Minister of Uganda chairs the Cabinet of Uganda, although the President is the effective head of government. Ruhakana Rugunda has been the Prime Minister since 18 September 2014. The post of Prime Minister was created for the first time in 1962. In 1966, Prime Minister Milton Obote suspended the Constitution, abolished the post of Prime Minister, and declared himself President. In 1980, the post of Prime Minister was re-established. The headquarters of the office of the Prime Minister of Uganda are located in the Twin Towers on Sir Apollo Kaggwa Road, in the Central Division of Kampala, Uganda's capital and largest city.
Edward Mutesa IIMutesa IIEdward Mutesa
In 1962 Uganda became independent from Britain under the leadership of Milton Obote. Under the country's new constitution, the Kingdom of Buganda became a semi-autonomous part of a new Ugandan federation. The federal Prime Minister was Obote, the leader of the Uganda People's Congress, which entered a governing coalition with the dominant Buganda regional party, Kabaka Yekka. The post of Governor General was abolished with the attainment of republican status and replaced by a non-executive President, a post first held by Mutesa.
Member of ParliamentUgandan ParliamentConstituency
The Ugandan parliament is composed of 238 Constituency Representatives, 112 District Woman Representatives, 10 Uganda People's Defense Forces Representatives, 5 Representatives of the Youth, 5 Representatives of Persons with Disabilities, 5 Representatives of Workers, and 13 ex officio Members. The Ugandan Parliament was established in 1962, soon after the country's independence. This body was then known as the Legislative Council (LEGCO). It had 92 members and was presided over, as Speaker, by Sir John Bowes Griffin, a British lawyer and former Ugandan Chief Justice. During this period, Prime Minister Milton Obote abrogated the constitution and declared himself President of Uganda in 1966.
President Yoweri MuseveniYoweri Kaguta MuseveniMuseveni
With the overthrow of Idi Amin in 1979 in the Uganda-Tanzania War and the contested election that returned Uganda's earlier president Milton Obote to power in 1980, Museveni returned to Uganda with his supporters to gather strength in their rural strongholds in the Bantu-dominated south and south-west to form the Popular Resistance Army (PRA). They then planned a rebellion against the second Obote regime (Obote II) and its armed forces, the Uganda National Liberation Army (UNLA). The insurgency began with an attack on an army installation in the central Mubende district on 6 February 1981.
Article IVTerritorial Clause of the United States ConstitutionArticle Four
In Luther v. Borden, the Court held that the determination of whether a state government is a legitimate republican form as guaranteed by the Constitution is a political question to be resolved by the Congress. In effect, the court held the clause to be non-justiciable. The Luther v. Borden ruling left the responsibility to establish guidelines for the republican nature of state governments in the hands of the Congress. This power became an important part of Reconstruction after the American Civil War.
🇹🇿United Republic of TanzaniaTanzanian
Tanzania is a member of the East African Community (EAC), along with Uganda, Kenya, Rwanda, and Burundi. According to the East African Common Market Protocol of 2010, the free trade and free movement of people is guaranteed, including the right to reside in another member country for purposes of employment. This protocol, however, has not been implemented because of work permit and other bureaucratic, legal, and financial obstacles. Tanzania is also a member of the Southern African Development Community (SADC).
Gulu MunicipalityGulu Municipal CouncilGulu town
In 1996, the Ugandan government ordered all civilians in northern Uganda to relocate to internally displaced person (IDP) camps. Several organizations, such as Stop the Genocide in Northern Uganda, called these camps "concentration camps" and demanded their immediate closure. At one time, an estimated two million people lived in these camps. In April 2009, all the IDP camps were closed and the people were allowed to return to their villages. By July 2009, an estimated 1,452,000 people (80.7 percent of those living in the camps) had voluntarily left the camps to return home.
Kenya's railway system links the nation's ports and major cities, connecting it with neighbouring Uganda. There are 15 airports which have paved runways. The largest share of Kenya's electricity supply comes from geothermal energy followed by hydroelectric stations at dams along the upper Tana River, as well as the Turkwel Gorge Dam in the west. A petroleum-fired plant on the coast, geothermal facilities at Olkaria (near Nairobi), and electricity imported from Uganda make up the rest of the supply. Kenya's installed capacity stood at 1,142 megawatts between 2001 and 2003.
PresidentUgandan PresidentState House
The President of the Republic of Uganda is the head of state and head of government of Uganda. The president leads the executive branch of the Government of Uganda and is the commander-in-chief of the Uganda People's Defence Force. In 2005 presidential term limits were removed, and in 2017 the removal of the previous upper age limit of 75 was also announced. List of heads of state of Uganda. Vice President of Uganda. Prime Minister of Uganda. Politics of Uganda. History of Uganda. List of political parties in Uganda. State House of the Republic of Uganda official site. Uganda Elections 2006: Coverage on UGPulse. Uganda's Rulers Past and Present, Children's Welfare Mission, Uganda.
Kabaka Yekka was a monarchist political party in Uganda. The party's name means 'king only' in the Ganda language, Kabaka being the title of the King in the kingdom of Buganda. In 1962 Kabaka Yekka merged with Uganda People's Congress and contested the 1962 National Assembly elections — winning 21 seats. In 1979 Mayanja Nkangi founded the Conservative Party, which is considered to be a transformation of Kabaka Yekka. * African Elections Database - Uganda (1)Hancock, I.R.
"The fate of judicial review was in the hands of the Supreme Court itself." Review of state legislation and appeals from state supreme courts was understood. But the Court's life, jurisdiction over state legislation was limited. The Marshall Court's landmark Barron v. Baltimore held that the Bill of Rights restricted only the federal government, and not the states. In the landmark Marbury v. Madison case, the Supreme Court asserted its authority of judicial review over Acts of Congress. Its findings were that Marbury and the others had a right to their commissions as judges in the District of Columbia.
federal governmentfederalU.S. government
The United States Constitution does not specifically mention the power of judicial review (the power to declare a law unconstitutional). The power of judicial review was asserted by Chief Justice Marshall in the landmark Supreme Court Case Marbury v. Madison (1803). There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals, and below them in turn are the United States District Courts, which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state ("diversity jurisdiction").
Brennan reformulated the political question doctrine, identifying six factors to help in determining which questions were "political" in nature. Cases that are political in nature are marked by: Justice Tom C. Clark switched his vote at the last minute to a concurrence on the substance of Baker's claims, which would have enabled a majority which could have granted relief for Baker. Instead the Supreme Court remanded the case to the District Court. The large majority in this case can in many ways be attributed to Justice Brennan, who convinced Potter Stewart that the case was a narrow ruling dealing only with the right to challenge the statute.
However, if the issue is likely to reoccur, yet will continually become moot before any challenge can reach a court of competent jurisdiction ("capable of repetition, yet evading review"), courts may allow a case that is moot to be litigated. 6) The suit must not be seeking judgment upon a political question. 7) * Political questions involve matters where there is:. 8) ** "a textually demonstrable constitutional commitment of the issue to a coordinate political department" (meaning that the U.S.