Judiciary has the duty of implementing the Constitutional safeguards that protect
individual rights. When the government acts to take away the fundamental rights
of citizenship, the safeguards of the Constitution should be examined with special
diligence.
The provisions of the constitution are not time worn adages or hollow
shibboleths. They are vital, living principles that authorize and limit government
powers in our nation. They are rules of government. When the constitutionality
of an Act of congress is challenged in this court, we must apply these rules. If we
do not the words of the constitution become little more than good advice.
When it appears that an Act of congress conflicts with one of those provisions, we
have no choice but to enforce the paramount demands of the Constitution. We are
sworn to do no less. We cannot push back the limits of the Constitution merely to
accommodate the challenged legislation. We must apply these limits as the
constitution prescribes them, bearing in mind both the broad scope of legislative
discretion and the ultimate responsibility of Constitutional Adjudication.”
These remarks were cited with approval by this court in Major General David Tinyefuza (Supra)
and this court concluded thus:“we would respectfully agree that it is the duty of this court to enforce the
paramount demands of the Constitution. The current thrust of highly persuasive
opinions from courts in the Commonwealth is to apply a generous and purposive
construction of the constitution that gives effect to and recognition of fundamental
human rights and freedoms. We believe that this is in harmony with the threefold
injunctions contained in Article 20(2) commanding the respect of; upholding and
promoting human rights and freedoms of the individual and groups enshrined in
chapter 4 by all organs and agencies of government and by all persons. To hold
otherwise, may be to suggest that Articles 20(2) is idle and vain.” (Sic)
The Constitutional interpretation principle of harmonization adopted by this court in
Tinyefunza’s case (supra) is a well known Constitutional construction principle. It is also very
relevant to this petition. Manyindo, D.C.J (as he then was), observed of that principle as
follows:“…….the entire Constitution has to be read as an integrated whole and no one
particular provision destroying the other but each sustaining the other. This is
the rule of harmony, the rule of completeness and exhaustiveness and the rule of
paramouncey of the Constitution.”
On appeal (Attorney General Vs Tinyefunza supra) oder J.S.C. expressed the same view in
this way: in other words
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