{UAH} Courtesy of Maj Gen David Tinyefuza vs A.G
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The Curious Case of 'Smith Dakota v. North Carolina': The Pathology of a Bad Cite in East Africa. (Courtesy of Maj Gen David Tinyefuza vs A.G).
Brian Dennison deciphers how a seemingly minor error by one celebrated judge (Kanyehamba) became a "universal error in Ugandan citation". It continued with prominence to be used in various cases in the Superior courts and Kenya's Appellant Courts too. The error was a mis-citation and misquoting South Dakota vs North Carolina an American Supreme Court case and probably unknowingly citing a dissenting opinion to guide the Judge's application of a legal principle.
It challenges any legal practitioner, researcher or judicial officer to read the law/cases from original sources.
The author attempts to make a surgical analysis why such an awful and chronic error cropped up and persists within our Judicial systems.
More interestingly the author marries this appalling "universal error" to the "colonial heritages" of Uganda and Kenya.
The scrutiny of the pre-colonial, colonial and post-colonial legal regimes and how they have led to this judicial predicament is enriching.
It is a surgical analysis of a perennial intellectual deficient cropping up in the judiciary. On a larger scale, among legal practitioners, researchers among others. The Judiciary is an end result in itself.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2441820
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H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
-- Brian Dennison deciphers how a seemingly minor error by one celebrated judge (Kanyehamba) became a "universal error in Ugandan citation". It continued with prominence to be used in various cases in the Superior courts and Kenya's Appellant Courts too. The error was a mis-citation and misquoting South Dakota vs North Carolina an American Supreme Court case and probably unknowingly citing a dissenting opinion to guide the Judge's application of a legal principle.
It challenges any legal practitioner, researcher or judicial officer to read the law/cases from original sources.
The author attempts to make a surgical analysis why such an awful and chronic error cropped up and persists within our Judicial systems.
More interestingly the author marries this appalling "universal error" to the "colonial heritages" of Uganda and Kenya.
The scrutiny of the pre-colonial, colonial and post-colonial legal regimes and how they have led to this judicial predicament is enriching.
It is a surgical analysis of a perennial intellectual deficient cropping up in the judiciary. On a larger scale, among legal practitioners, researchers among others. The Judiciary is an end result in itself.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2441820
--
H.OGWAPITI
-----------------------------------------------------
"To announce that there must be no criticism of the president, or that we are to stand by the president right or wrong, is not only unpatriotic and servile, but is morally treasonable to the American public."
---Theodore Roosevelt
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