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Administrative Law Reading List
Administrative Law Reading List
FACULTY OF LAW
COURSE DESCRIPTION
This course highlights the administrative authorities and their various structures within
the Executive arm of government. The course intends to train the student in
administrative powers and delegated powers and how both are supposed to be exercised.
Administrative Law I is the first of the two parts that cover general principles of the laws
that control public administrative authorities. The course covers the laws relating to the
establishment, structures, sources of powers, procedures of administrative officials and
other administrative organs of government. The focus is to promote good governance
and accountability in public institutions through respect for applicable laws and
procedures.
OBJECTIVES/AIMS
OUTLINE
The course introduces the students to the scope, nature and general principles of
Administrative law. The course is composed of the following topics i.e. the nature of
administrative law; subjects of Administrative law; constitutional framework for
administrative law; sources of administrative law, the establishment, powers and
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procedures of administrative authorities including President, Ministers, Civil Servants,
Local Authorities, Public Corporations, Administrative tribunals, Police and other
government agencies. The course will discuss procedural matters such as consultations,
inspections, licensing, registration, enforcement of standards and other regulatory
activities. There is also an insight on the origins and limitations of administrative
powers as contained in statutes, statutory instruments, and policies and delegated
powers.
LEARNING OUTCOMES
At the end of the semester, the student is expected to have a understanding of the
following:
METHODOLOGY
The course will be conducted over 14 weeks. There are Six (6) lecture hours per week.
Students are advised to form group discussions. The students will be provided with the
reading list containing the basic reference books, statutes, articles and cases. Students
will at all-time be expected to prepare for lectures and discussions by reading the
necessary materials on the reading list and other resources. Attendance at lecturers,
tutorials, and group discussions is compulsory. Students who demonstrate lack of
commitment to attendance of lecturers, tutorials and discussions will not qualify to sit
final examinations or have their coursework marked.
The other methodologies to be adopted will include guest speakers, research, and
practical sessions involving visiting and discussing with the different administrative
authorities on the various processes they are in charge, among others.
ASSESSMENT
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Coursework in form of a take-home/test and or Presentation and shall be administered
through the course of the semester, as per the Faculty time table. The instructor in
charge will decide the mode and structure of the course work. Coursework shall
constitute 50% of the final assessment. The final exam is a Partially Open book
examination ONLY limited to Clean Copies of Statutes constituting 50% of the
assessment shall be administered as timetabled by the University.
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15. The Judicature Amendment Act No. 3 of 2002
16. The Labour Disputes (Arbitration and Settlement Act) 2006
17. The Leadership Code Act, Cap 168.
18. The Local Government Act, cap.243 vol. 10
19. The Medical and Dental Practitioners’ Act, Cap. 272
20.The National Social Security Act, Cap 222
21. The National Environment Act, Cap 152
22. The Public Finance and Management Act, 2015
23. The Public Procurement and Disposal of Public Assets Act, 2003
24. The Public Procurement and Disposal of Public Assets Regulations
25. The Public Service Act Cap 288.
26. The Public Service Standing Orders, 2010
27. The Tax Appeals Tribunal Act cap 345 vol.13
28.The Uganda Communications Commission Act 1998
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(a) Supremacy of the Constitution – Art. 2, 173(a)
Mufumi Vs. AG Const. Petition No. 12 of 2007.
Law and Advocacy for Women Vs. AG
Prof. Oloka Onyango Vs. AG Const Petition no. 08 of 2014.
FIDA Vs. AG
3. ADMINISTRATIVE AUTHORITIES
A. CENTRAL GOVERNMENT
- Wade 51-101
- National Objectives and Directive Principles of State Policy.
- Constitution Articles 99, 111-114, Chap. 10.
- Public Service Act.
- Ghai & McAuslan, 220 – 221, 227-246, 254-258, 259-266.
- Gertzel – GoldSchmidt & Rothschild – Government & Politics in Kenya, part 5.
- P.P Criag, pg 89-91
- B.L Jones & K. Thompson – Garners Administrative Law, pg. 357
- B. Jones & Thompson – Chapt 17 Contracts over Local Authorities, pg. 529 – 545
Hon. Gerald Kafureka Karuhanga Vs. AG
B. THE PARLIAMENT
C. THE JUDICIARY
D. THE CIVIL SERVICE
- Chap 10 of the Constitution
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- Public Service Standing Order 2009
- Public Service Act 2008
- Public Service regulations 2009
- Pensions Act
- Wade, 54-77, 298-306
- Kiapi, Civil Service Laws in East Africa
- Oluyede, 35-42
- Campbell, Termination of Appointments of Public Offices
- Max Spry (2001), The Appointment, Removal and Responsibilities of Public
Sector Chief Executives in Australia: Some Developments, Australian Journal of
Public Offices, Federal Law Review 24 (1)
- J. Singh, 2005, Civil Service Reform in India: Promoting Accountability, MBA
Dissertation, University of Birmingham
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f) R vs. Deputy Industrial Injuries Commissioners Mooro (1965)1 QB 456 AT 486
g) A.G vs. British Broadcasting Corporation (1981)AC 303
h) R vs. Lands Tribunal Exp. City of London Corpn (1982)1 AIIER 592.
i) A.G vs. Mulholland & Foster (1963)2 QB. 477/(1978)QB 287.
j) Stefan vs. General Medical Council Privacy Council Appeal No. 16 of 1998 (1999)
UKPC.10.
k) R vs. Fulham etc Rent Tribunal exp. Zerek (1951)2 KB 1
l) R vs. National Insurance exp. Hudson (1972)AC 944.
m) R vs. Deputy Industrial Injuries Commissioner exp. Jones (1962)2 QB 677.
n) R vs. Race Relations Board exp. Selvenayan (1975)1 WLR 86.
o) Hanson vs. Church Commissioners (1978)QB 823.
p) A.G vs. B.B.C (1981) AC 303.
q) Munira vs. National Council Insurance Corporation (1985) HCB 110.
F. THE POLICE
- Wade 147 – 149
- The Construction of Uganda 1995, 211-214
- The Police Act Cap 303, Laws of Uganda.
. Nature of the police force- is it independent? – Police Act, sections 5(2) and
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. Functions of police – Police Act, section 4
. Powers and duties of police officers – Police Act, sections 21 and 22
- The Role of Police in the Criminal Process
. Police Act, sections 23, 24, 25, 26
- Discipline and complaints against police officers
. Police Act, sections 25(4), 44, 45, 49, 58, 70
- Use of firearms Act Cap 299, section 1; Police Act, section 28
- Powers to regulate assemblies and processions.
. Police Act, sections 32, 33, 34, 35, 36
. Statutory instrument 53 of 2007
- R vs. Metropolitian Police Commissioner exp. Blackburn (1968)2 QB 118
- Lewis vs. Cox (1988) QB 77
- Harris vs. Sheffield Football (1988) QB 77
- Muwanga Kivumbi vs. Attorney General Constitutional Petitions No. 9/2005
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H. STATUTORY AUTHORITIES
- Uganda Revenue Authority
- National Securty Fund
- Kampala City Council Authoirty
- Others
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6. DELEGATED POWERS
- Art 99(4) of the Constitution
- S.1 and 2 of the Transfer of Powers and Duties Act.
- S.32 and 39 of the Local Governments Act.
- Wade 61-67
- Ghai & McAuslan 226-268
- De Smith 263-272
- JG Christensen et al, Delegation and Specialization in Administrative Regulation;
A Comparative Analysis of Denmark, Sweden and the Netherlands,
- T Sargentich, The Delegation Debate and Competing Ideals of the Administrative
Process, The American University Law Review, 1987
a) R vs. Admirally Bound of Defence Council exp. Baire James Coup land
b) Bamard vs. National Dock Labour Board (1953)2 QB 18.
c) Municipal Board of Mombasa vs. Kala (1955)22 E.A.C
d) Winder vs.Cambridgeshire County C. (1978) LCR 549
e) Osman vs. Govt of Malaysia (1973)2 M.L.J 143
f) Howard vs. Bogneman 6 (1973)3 AIIER 641.
g) Allingham vs. Minister of agriculture, and fisheries (1956)3 AIIER 780.
h) Vine vs. National Dock Labour Board (1956)3 AIIER 939.
I) Black pool Corporation vs. Locker (above)
j) Lewis ham B.C vs. Roberts (above)
k) Jackson Stan field vs. Butterworth (above)
l) Carlton a vs. Commissioner of works (1943)2 AIIER 560.
m) R vs. Skinner (1968)3 AIIER 124.
n) Karia vs. Dhanani (1969) EA 392.
o) D’Silva vs. Republic (1968) EA 660
p) Nelmas vs. Roe (1970)1 W.L.R 4.
q) Municipal Board of Mombasa vs. Kala (1955) EACA 319.
r) Jeff’s vs. New Zealand Dairy Board (1966)3 AIIER 863.
s) Ellis vs. Dubouski (1921)3 KE 621
t) Mills vs. L.C.C (1925)1 KB 213
u) Hardware vs. A.G (1972) EA 271.
v) R vs. Minister of the Interior (1972)20 FLR 449
w) Amos Mugisa vs. Uganda (1989) HCB 271.
x) Rwakasisi vs. A.G (1985) HCB 89.
y) Oliso E vs. Ibumpts 2 others (1985) HCB 89.
z) Katabalwa vs. Uganda (1980) HCB
aa) Sayani vs. Nsubuga (1994) 6 KALR 50
7. PROCESSES OF GOVERNMENT
(Consultation, Public Inquiries, Registration, Inspection & Enforcement of
Standards, Licensing)
- Halbury’s Law 1(1), pg. 108
- Foulkes 8th edition
- Richard B. Stewart, Regulation, Innovation, and Administrative Law: A
Conceptual Framework, California Law Review, 1981 Vol. 69 (5)
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- S. 45, Interpretation Act.
- National Bureau of Standards Act, Cap 347 laws of Uganda
- Commissions of Inquiry Act, Cap 166, Laws of Uganda
- Trade Licensing Act (1969) cap 101, Laws of Uganda
- The Uganda Electricity Regulatory Authority Act
- The Uganda Communications Act
- The National Environmental Act
- The Forests Act
a) Re An Application by Summaria Bus Service (1959) EA 227
b) Dent vs. Kiambu Liquor Licensing Court (1968) EA 80
c) Fernandes vs. Kericho Liquor Licensing Court (1968) EA 640
d) Ahmed vs. Republic (1973) EA 237
e) Shah vs. Derishi & Co. Ltd vs. The Transport Licensing Board (1970) EA 631.
f) Karia & Co. Ltd vs. Dhanani (1969) EA 392.
g) Muhuri vs. Iron Mongery Ltd vs. A.G (1972) EA 271
h) Mahon vs. AIV New Zealand Ltd (1984) AC 808.
i) R vs. Huntingdon District Council Explowna (1984)1 AIIER 58/(1984)1 WLR 501.
j) R vs. Bristol City Council, exp. Pearce (1985)83 LGR 711.
k) Public Disclosure Commission vs. Isaac’s (1989)1 AIIER137.
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