KAMPALA INTERNATIONAL UNIVERSITY
COLLEGE OF HUMANITIES AND SOCIAL SCIENCES
NAME : NAMAJJA SYLIVIA
REGNO : 2020-01-00960
COURSE : BPA
COURSEUNIT : ADMINISTRATIVE LAW
YEAR : THREE
SEMESTER : ONE
LECTURER : MR. WATAKA WILLS
1a) Define the term law and explain the main features of law
b) Explain with relevant examples the sources of administrative law in Uganda
2a) Judicial review
b) Explain the following judicial remedies
i) Habeas corpus
ii) Mandamus
iii) Prohibition
iv) Certiorari

1a) Define the term law and explain the main features of law
Law is a set of rules that are created and are enforceable by social or
governmental institutions to regulate behavior, with its precise definition a
matter of longstanding debate. It has been variously described as a science and
the art of justice.
Laws are made so that human behave appropriately and before doing any
wrong think twice. It helps in humans activities happening in the state. One
who goes against these rules face serious trials and get punished by the state.
Features of Law:
1. Law must be applicable to all. Everyone in the eyes of law is equal and no
one can escape from the eyes of the law.
2. Law is uniform in nature. Power of making law lies in the hand of the
state. State passes those laws which are considered to be for
human welfare.
3. The state has a government which also helps in making law and through
which laws are enforced.
4. Laws are said to be reliable and just for every individual present in the
state. These are rules for every individual.
5. Every state needs the law as it is believed to be the most important
element which helps the state to function smoothly.
6. Law can be the threat to those who are willing to do wrong in society and
once they commit anything wrong are severely punished.
7. The punishments which are given to the guilty are also decided by the
law.
8. Each country has the court which settles any issues taking place in a
state according to the laws formulated.

9. Law act as a shield to every individual in the state. It helps people co-
exist harmoniously and protect themselves from any wrong or evil doings.
10.These laws are made by the representatives of the citizen. Then this law
also requires public opinion and should also function in accordance with
public needs.
11.Law is said to be blind as it does not believe in any discrimination. All
are equal in front of the law.
b) Explain with relevant examples the sources of administrative law in
Uganda
Administrative law is the law concerning the establishment, powers, functions
and procedures of public officials and public administrative authorities.
Wade In his book “Administrative Law” gives the definition which is based on
function. He says Administrative Law is concerned with the operation and
control of powers of administrative authorities”. According to Griffith and
Smith, Administrative Law determines the organisation, powers and duties of
administrative authorities.
Rules and regulations (quasi-legislative activities) Decisions in cases brought
before agency tribunals (quasi-judicial activities) Executive orders and
proclamations.
Sources of Administrative Law:
There are certain sources of Administrative Law:
1.Statutes
2.The constitution
3.Delegated legislations
4.Case Laws
Statutes:

Statute law is, then, a well high exclusive source of Administrative power. The
term covers both Act of parliament and delegated legislation. Act of parliament
comprise public general Acts and private or local Acts.
Delegated of Parliament comprise public general Acts legislation, includes
statutory rules and orders. Acts of parliament fall into two categories which
may be conventionally termed constituent Acts and enabling Act, but some
Acts deal with both constitution and power. In short, we can say statues are
one of the important sources of Administrative law.
Constitution:
The constitution of Uganda deals with formulation of the executive, the powers
of the executive during peace and emergency times. Administrative law is
concerned solely with the Administrative acts or either the administrator or of
quasi-judicial bodies. Now the methods by which such acts are interfered with
are by the use of the prerogative or common law writs, especially by the writs of
certiorari, mandamus and prohibitions.
These writs are issued only by the Supreme Court and High Courts in Uganda
under Articles 32 and 226 of the constitution of Uganda. This jurisdiction
excludes ordinary courts. Very civil or criminal proceedings in the land.
Because those proceedings carry with them the safeguards provided by statute
of the appeal, revision and review.
The constitution of Uganda also provides under Article 299 and 300, the
contractual and tortious liability of the government servants.
Delegated Legislation:
Law-making is the primary function of the Legislature. Yet, in no country does
the legislature monopolies the whole of legislative power. A good deal of
legislation is made by the administration under the powers conferred by the
Legislature.
This type of administrative legislation is called delegated or subordinate
legislation. The delegated legislation is subject to Judicial and Parliamentary
control. In this way, delegated legislation is an important source of law.
Case Laws:

This doctrine does envelops and controls administrative power which is found
in judicial analysis of other sources, though not much but still does control.
Not much of administrative law will not be found solely in judicial opinions.
Furthermore, the opinions themselves must be carefully pursued to avoid
generalizations about controls on agency behavior that may not be appropriate,
as the outcome of many cases may turn on particular statutory language that
may not necessarily reflect the nature of disputes in other agencies.
RULE OF LAW
The rule of Law can only exist where democracy is in place. The rule of law
requires
that leaders be elected by the people through democratic processes.
This normally involves free and fair elections following universal adult
suffrage. Democracy also requires periodic elections and accountability of
elected officials

2a) Judicial review is a process under which executive, legislative and
administrative actions are subject to review by the judiciary.
b) Explain the following judicial remedies
Habeas corpus
Habeas corpus is a recourse in law through which a person can report an
unlawful detention or imprisonment to a court and request that the court order
the custodian of the person, usually a prison official, to bring the prisoner to
court, to determine whether the detention is lawful.
Habeas corpus 'that you have the body')[1] is a recourse in law through which a
person can report an unlawful detention or imprisonment to a court and
request that the court order the custodian of the person, usually a prison
official, to bring the prisoner to court, to determine whether the detention is
lawful.
The writ of habeas corpus was described in the eighteenth century by William
Blackstone as a "great and efficacious writ in all manner of illegal confinement.
It is a summons with the force of a court order; it is addressed to the
custodian (a prison official, for example) and demands that a prisoner be
brought before the court, and that the custodian present proof of authority,
allowing the court to determine whether the custodian has lawful authority to
detain the prisoner. If the custodian is acting beyond their authority, then the
prisoner must be released. Any prisoner, or another person acting on their
behalf, may petition the court, or a judge, for a writ of habeas corpus. One
reason for the writ to be sought by a person other than the prisoner is that the
detainee might be held incommunicado. Most civil law jurisdictions provide a
similar remedy for those unlawfully detained, but this is not always
called habeas corpus. For example, in some Spanish-speaking nations, the
equivalent remedy for unlawful imprisonment is the amparo de
libertad ("protection of freedom").

Mandamus
Mandamus is a judicial remedy in the form of an order from a court to any
government, subordinate court, corporation, or public authority, to do some
specific act which that body is obliged under law to do, and which is in the
nature of public duty, and in certain cases one of a statutory duty.
Prohibition
Prohibition is the act or practice of forbidding something by law; more
particularly the term refers to the banning of the manufacture, storage
(whether in barrels or in bottles), transportation, sale, possession, and
consumption of alcoholic beverages. The word is also used to refer to a period
of time during which such bans are enforced.
Certiorari
In law, certiorari is a court process to seek judicial review of a decision of a
lower court or government agency. Certiorari comes from the name of an
English prerogative writ, issued by a superior court to direct that the record of
the lower court be sent to the superior court for review. The term is Latin for
"to be made certain", and comes from the opening line of such writs, which
traditionally began with the Latin words "Certiorari volumus..." ("We wish to be
made certain...").
Derived from the English common law, certiorari is prevalent in countries
utilising, or influenced by, the common law. It has evolved in the legal system
of each nation, as court decisions and statutory amendments are made. In
modern law, certiorari is recognized in many jurisdictions, including England
and Wales (now called a "quashing order"), Canada, India, Ireland, the
Philippines and the United States. With the expansion of administrative law in
the 19th and 20th centuries, the writ of certiorari has gained broader use in
many countries, to review the decisions of administrative bodies as well as
lower courts.

Example of Certiorari Granted: Roe v.
Wade, the Supreme Court faced a thorny legal issue. One of the Court's rules
for granting certiorari requires that the appellant, the person or persons
appealing the case, have "standing" to do so—meaning that they would be
directly affected by the Court's decision.

References
Supreme Court of Canada (26 October 2018). "R. v. Awashish, 2018 SCC
45". CanLII. Retrieved 5 May 2022.
Anisminic Ltd v Foreign Compensation Commission, [1968] UKHL 6, [1969] 2 AC
147; [1969] 2 WLR 163 (Court may correct any lower court decision "depart[ing]
from the rules of natural justice," per Lord Pearce).
"Civil Procedure (Modification of Supreme Court Act 1981) Order 2004: Section
3", legislation.gov.uk, The National Archives, SI 2004/1033 (s. 3)