Constitution:Chapter 7 - The Executive

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Contents

[edit] The President

[edit] President of Uganda

98. (1) There shall be a President of Uganda who shall be the Head of State, Head of Government and Commander-in-Chief of the Uganda Peoples’ Defence Forces and the Fountain of Honour.

(2) The President shall take precedence over all persons in Uganda, and in descending order, the Vice President, the Speaker and the Chief Justice shall take precedence over all other persons in Uganda.

(3) Before assuming the duties of the office of President, a person elected President shall take and subscribe the oath of allegiance and the presidential oath specified in the Fourth Schedule to this Constitution.

(4) While holding office, the President shall not be liable to proceedings in any court.

(5) Civil or criminal proceedings may be instituted against a person after ceasing to be President, in respect of anything done or omitted to be done in his or her personal capacity before or during the term of office of that person; and any period of limitation in respect of any such proceedings shall not be taken to run during the period while that person was President.

[edit] Executive authority of Uganda

99. (1) The executive authority of Uganda is vested in the President and shall be exercised in accordance with this Constitution and the laws of Uganda.

(2) The President shall execute and maintain this Constitution and all laws made under or continued in force by this Constitution.

(3) It shall be the duty of the President to abide by, uphold and safeguard this Constitution and the laws of Uganda and to promote the welfare of the citizens and protect the territorial integrity of Uganda.

(4) Subject to the provisions of this Constitution, the functions conferred on the President by clause (1) of this article may be exercised by the President either directly or through officers subordinate to the President.

(5) A statutory instrument or other instrument issued by the President or any person authorised by the President may be authenticated by the signature of a Minister; and the validity of any instrument so authenticated shall not be called in question on the ground that it is not made, issued or executed by the President.

[edit] Notification of the absence of the President from Uganda

100. The President shall, whenever leaving Uganda, notify in writing the Vice President, the Speaker and the Chief Justice.

[edit] Presidential addresses

101. (1) The President shall, at the beginning of each session of Parliament, deliver to Parliament an address on the state of the nation.

(2) The President may, also, in consultation with the Speaker, address Parliament from time to time, on any matter of national importance.

[edit] Qualifications of the President

102. A person is not qualified for election as President unless that person is—

(a) a citizen of Uganda by birth;

(b) not less than thirty-five years and not more than seventy-five years of age; and

(c) a person qualified to be a member of Parliament.

[edit] Election of the President

103. (1) The election of the President shall be by universal adult suffrage through a secret ballot.

(2) A person shall not be a candidate in a presidential election unless—

  • (a) that person submits to the Electoral Commission on or before the day appointed as nomination day in relation to the election, a document which is signed by that person nominating him or her as a candidate; and
  • (b) the nomination is supported by one hundred voters in each of at least two-thirds of all the districts in Uganda.

(3) The election of the President shall be held during the first thirty days of the last ninety days before the expiration of the term of the President, except in the case of—

  • (a) the first election under this Constitution;
  • (b) an election held under article 104(6) of this Constitution;
  • (c) an election held under article 109(2) of this Constitution; and
  • (d) an election necessitated by the fact that a normal presidential

election could not be held as a result of the existence of a state of war or a state of emergency, in which case, the election shall be held within such period as Parliament may, by law, prescribe.

(4) A candidate shall not be declared elected as President unless the number of votes cast in favour of that candidate at the presidential election is more than 50 percent of valid votes cast at the election.

(5) Where at a presidential election no candidate obtains the percentage of votes specified in clause (4) of this article, a second election shall be held within thirty days after the declaration of the results in which election the two candidates who obtained the highest number of votes shall be the only candidates.

(6) The candidate who obtains the highest number of votes in an election under clause (5) of this article shall be declared elected President.

(7) The Electoral Commission shall ascertain, publish and declare in writing under its seal, the results of the presidential election within forty-eight hours from the close of polling.

(8) A person elected President during the term of a President shall assume office within twenty-four hours after the expiration of the term of the predecessor and in any other case, within twenty-four hours after being declared elected as President.

(9) Subject to the provisions of this Constitution, Parliament shall by law, prescribe the procedure for the election and assumption of office by a President.

[edit] Challenging a presidential election

104. (1) Subject to the provisions of this article, any aggrieved candidate may petition the Supreme Court for an order that a candidate declared by the Electoral Commission elected as President was not validly elected.

(2) A petition under clause (1) of this article shall be lodged in the Supreme Court registry within ten days after the declaration of the election results.

(3) The Supreme Court shall inquire into and determine the petition expeditiously and shall declare its findings not later than thirty days from the date the petition is filed.

(4) Where no petition is filed within the time prescribed under clause (2) of this article, or where a petition having been filed, is dismissed by the Supreme Court, the candidate declared elected shall conclusively be taken to have been duly elected as President.

(5) After due inquiry under clause (3) of this article, the Supreme Court may—

  • (a) dismiss the petition;
  • (b) declare which candidate was validly elected; or
  • (c) annul the election.

(6) Where an election is annulled, a fresh election shall be held within twenty days from the date of the annulment.

(7) If after a fresh election held under clause (6) of this article there is another petition which succeeds, then the presidential election shall be postponed; and upon the expiry of the term of the incumbent President, the Speaker shall perform the functions of the office of President until a new President is elected and assumes office.

(8) For the purposes of this article, article 98(4) of this Constitution shall not apply.

(9) Parliament shall make such laws as may be necessary for the purposes of this article, including laws for grounds of annulment and rules of procedure.

[edit] Tenure of office of a President

105. (1) A person elected President under this Constitution shall, subject to clause (3) of this article, hold office for a term of five years.

(2) A person shall not be elected under this Constitution to hold office as President for more than two terms as prescribed by this article.

(3) The office of President shall become vacant—

  • (a) on the expiration of the period specified in this article; or
  • (b) if the incumbent dies or resigns or ceases to hold office under article 107 of this Constitution.

(4) The President may, by writing signed by him or her, and addressed to the Chief Justice, resign from office as President.

(5) The resignation of the President shall take effect when it is received by the Chief Justice.

(6) The Chief Justice shall, immediately upon receiving the resignation of the President under this article, notify the Vice President, the Speaker and the Electoral Commission of the resignation.

[edit] Terms and conditions of service of the President

106. (1) The President shall be paid a salary and allowances and afforded such other benefits as Parliament shall by law provide.

(2) Parliament shall, by law, make provision for the grant of benefits for a President who ceases to hold office otherwise than by being removed under article 107(1)(a) or (b) of this Constitution.

(3) The salary, allowances and other benefits granted to a President under this article shall be charged on the Consolidated Fund.

(4) The President is exempted from direct personal taxation on allowances and other benefits except on the official salary.

(5) The President shall not hold any other public office other than those conferred by this Constitution or any office of profit or emolument likely to compromise the office of President.

(6) The salary, allowances and other benefits granted to the President under this article shall not be varied to the disadvantage of the President while he or she holds office.

(7) The retirement benefits granted to a President under this article shall not be varied to the disadvantage of the President.

[edit] Removal of the President

107. (1) The President may be removed from office in accordance with this article on any of the following grounds—

  • (a) abuse of office or wilful violation of the oath of allegiance and the presidential oath or any provision of this Constitution;
  • (b) misconduct or misbehaviour—
    • (i) that he or she has conducted himself or herself in a manner which brings or is likely to bring the office of President into hatred, ridicule, contempt or disrepute; or
    • (ii) that he or she has dishonestly done any act or omission which is prejudicial or inimical to the economy or security of Uganda; or
  • (c) physical or mental incapacity, namely that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity.

(2) For the purpose of removal of the President under clause (1)(a) or (b) of this article, a notice in writing signed by not less than one-third of all the members of Parliament shall be submitted to the Speaker—

  • (a) stating that they intend to move a motion for a resolution in Parliament for the removal of the President on the charge that the President has—
    • (i) wilfully abused his or her office or wilfully violated the oath of allegiance and the presidential oath or any other provision of this Constitution in terms of clause (1)(a) of this article; or
    • (ii) misconducted himself or herself or misbehaved in terms of clause (1)(b) of this article; and
  • (b) setting out the particulars of the charge supported by the necessary documents on which it is claimed that the conduct of the President be investigated for the purposes of his or her removal.

(3) The Speaker shall, within twenty-four hours after receipt of the notice referred to in clause (2) of this article, cause a copy to be transmitted to the President and the Chief Justice.

(4) The Chief Justice shall, within seven days after receipt of the notice transmitted under clause (3) of this article, constitute a tribunal comprising three justices of the Supreme Court to investigate the allegation in the notice and to report its findings to Parliament stating whether or not there is a prima facie case for the removal of the President.

(5) The President is entitled to appear at the proceedings of the tribunal and to be represented there by a lawyer or other expert or person of his or her choice.

(6) If the tribunal determines that there is a prima facie case for the removal of the President under clause (1)(a) or (b) of this article, then if Parliament passes the resolution supported by the votes of not less than two-thirds of all members of Parliament, the President shall cease to hold office.

(7) For the purposes of the removal of the President on grounds of physical or mental incapacity under clause (1)(c) of this article, there shall be submitted to the Speaker a notice in writing signed by not less than one-third of all the members of Parliament—

  • (a) stating that they intend to move a motion for a resolution in Parliament for the removal of the President from office on grounds of physical or mental incapacity; and
  • (b) giving particulars of the alleged incapacity.

(8) The Speaker shall, within twenty-four hours after receipt of a notice under clause (7) of this article, cause a copy to be transmitted to the President and the Chief Justice.

(9) The Chief Justice shall, within seven days after receipt of the notice transmitted under clause (8) of this article and in consultation with the professional head of the medical services in Uganda, constitute a medical board comprising five qualified and eminent medical specialists to examine the President in respect of the alleged incapacity and to report its findings to Parliament.

(10) The Chief Justice shall, within twenty-four hours after constituting the medical board, inform the President accordingly, and the President shall submit himself or herself to the medical board for examination within seven days.

(11) If the medical board determines that the President is by reason of physical or mental incapacity unable to perform the functions of the office of President, and Parliament passes the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of Parliament, the President shall cease to hold office.

(12) If the medical board, after the expiration of the period of seven days referred to in clause (10) of this article, reports that the President has failed or refused to submit to the medical board in accordance with that clause, and Parliament passes the resolution for the removal of the President supported by the votes of not less than two-thirds of all the members of Parliament, the President shall cease to hold office.

(13) The motion for a resolution for the removal of the President shall be moved in Parliament within fourteen days after the receipt by the Speaker of the report of the tribunal or the medical board.

(14) The President is entitled to appear in person and be heard and to be assisted or represented by a lawyer or other expert or person of his or her choice during the proceedings of Parliament relating to the motion for a resolution under this article.

[edit] Vice President

108. (1) There shall be a Vice President of Uganda. (2) The President shall, with the approval of Parliament by a simple majority, appoint a Vice President.

(3) The Vice President shall—

  • (a) deputise for the President as and when the need arises; and
  • (b) perform such other functions as may be assigned to him or her by the President, or as may be conferred on him or her by this Constitution.

(4) The qualifications prescribed for the office of President by article 102 of this Constitution shall apply to the office of Vice President.

(5) The office of Vice President shall become vacant if—

  • (a) the appointment is revoked by the President; or
  • (b) the incumbent resigns or dies.

(6) With the exception of clause (2) of that article, article 106 of this Constitution shall, subject to this Constitution, apply to the Vice President.

(7) Where the office of Vice President becomes vacant, the President shall, with the approval of Parliament, and as soon as possible but in any case not later than fourteen days, appoint a person qualified to hold the office of Vice President.

(8) The Vice President shall, before commencing to perform the functions of Vice President, take and subscribe the oath of allegiance and the oath of Vice President, specified in the Fourth Schedule to this Constitution.

[edit] Absence of the President

109. (1) If the President dies, resigns or is removed from office under this Constitution, the Vice President shall assume the office of President until fresh elections are held and the elected President assumes office in accordance with article 103(8) of this Constitution.

(2) Elections for the President under this article shall be held within six months after the death, resignation or removal of the President.

(3) No elections shall be held under this article if the residual term of the President is one year or less.

(4) Whenever the President is for any reason unable to perform the functions of the office of President, the Vice President shall perform those functions until the President is able again to perform those functions.

(5) Where the President and the Vice President are both unable to perform the functions of the office of the President, the Speaker shall perform those functions until the President or the Vice President is able to perform those functions or until a new President assumes office.

(6) The Vice President shall, before assuming the duties of the office of President under clause (1) of this article, appoint a person to the office of Vice President, subject to the approval of Parliament.

(7) A person appointed under clause (6) of this article, shall, before assuming the duties of the office of Vice President take and subscribe the oaths in respect of that office under article 108(7) of this Constitution.

(8) Before assuming the duties of the office of President under clause (5) of this article, the Speaker shall take and subscribe the oaths specified in relation to that office in the Fourth Schedule to this Constitution.

(9) Whenever the Speaker assumes the office of President as a result of the death, resignation or removal of the President and the Vice President, or under the provisions of article 104(7) of this Constitution, a presidential election shall be held in accordance with clause (2) of this article.

[edit] State of emergency

110. (1) The President may, in consultation with the Cabinet, by proclamation, declare that a state of emergency exists in Uganda, or any part of Uganda if the President is satisfied that circumstances exist in Uganda or in that part of Uganda—

  • (a) in which Uganda or that part of it is threatened by war or external aggression;
  • (b) in which the security or the economic life of the country or that part is threatened by internal insurgency or natural disaster; or
  • (c) which render necessary the taking of measures which are required for securing the public safety, the defence of Uganda and the maintenance of public order and supplies and services essential to the life of the community.

(2) Subject to the provisions of this article, a state of emergency declared under clause (1) of this article shall remain in existence for not more than ninety days and shall then expire.

(3) The President shall cause the proclamation declaring the state of emergency to be laid before Parliament for approval as soon as practicable and in any case not later than fourteen days after it was issued.

(4) A state of emergency may be extended by Parliament for a period not exceeding ninety days at a time.

(5) The President or Parliament shall, if satisfied that the circumstances for the declaration of the state of emergency have ceased to exist, revoke the proclamation by which the state of emergency was declared.

(6) During any period when a state of emergency declared under this article exists, the President shall submit to Parliament at such intervals as Parliament may prescribe, regular reports on actions taken by or on behalf of the President for the purposes of the emergency.

(7) Subject to the provisions of this Constitution, Parliament shall enact such laws as may be necessary for enabling effective measures to be taken for dealing with any state of emergency that may be declared under this article.

(8) Any resolution passed by Parliament for the purposes of clause (4) or (5) of this article shall be supported by the votes of more than one-half of all the members of Parliament.

[edit] The Cabinet

[edit] The Cabinet

111.(1) There shall be a Cabinet which shall consist of the President, the Vice President and such number of Ministers as may appear to the President to be reasonably necessary for the efficient running of the State.

(2) The functions of the Cabinet shall be to determine, formulate and implement the policy of the Government and to perform such other functions as may be conferred by this Constitution or any other law.

(3) There shall be a Secretary to the Cabinet who shall be appointed by the President in consultation with the Public Service Commission.

(4) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible in accordance with such instructions as may be given to him or her by the President, for arranging the business for and keeping the minutes of the Cabinet and for conveying the decisions of the Cabinet to the appropriate person or authority and shall perform such other functions as the President may direct.

(5) The Secretary to the Cabinet shall, before assuming the duties of his or her office, take and subscribe the oath of allegiance and the oath of Secretary to the Cabinet specified in the Fourth Schedule to this Constitution.

[edit] Meetings of the Cabinet

112. (1) Cabinet meetings shall be summoned and presided over by the President and in his or her absence, by the Vice President or in the absence of both of them, by a Minister designated in writing by the President.

(2) The Cabinet shall regulate the procedure of its meetings.

[edit] Cabinet Ministers

113. (1) Cabinet Ministers shall be appointed by the President with the approval of Parliament from among members of Parliament or persons qualified to be elected members of Parliament.

(2) The total number of Cabinet Ministers shall not exceed twenty-one except with the approval of Parliament.

(3) A Cabinet Minister shall have responsibility for such functions of Government as the President may, from time to time, assign to him or her.

(4) A Minister shall not hold any office of profit or emolument likely to compromise his or her office.

[edit] Other Ministers

114. (1) The President may, with the approval of Parliament, appoint other Ministers to assist Cabinet Ministers in the performance of their functions.

(2) Subject to the provisions of this article, article 113(1) of this Constitution shall apply to the appointment of Ministers under clause (1) of this article.

(3) The total number of Ministers appointed under this article shall not exceed twenty-one except with the approval of Parliament.

(4) A Minister referred to in this article shall have responsibility for such functions of the Ministry to which he or she is appointed as the President may, from time to time, assign to him or her, and in the absence of the Cabinet Minister in his or her Ministry shall perform the functions of the Cabinet Minister as the President directs.

(5) Article 113(4) of this Constitution applies to a Minister referred to in clause (1) of this article.

[edit] Oath of Minister

115. A Minister shall, before assuming the duties of office take and subscribe the oath of allegiance and the oath of Minister specified in the Fourth Schedule to this Constitution.

[edit] Vacation of office of Minister

116. The office of a Minister shall become vacant— (a) if the appointment of the holder of the office is revoked by the President; or

(b) if the holder—

  • (i) resigns;
  • (ii) becomes disqualified to be a member of Parliament; or
  • (iii) dies.

[edit] Responsibility of Ministers

117. Ministers shall individually be accountable to the President for the administration of their Ministries and collectively be responsible for any decision made by the Cabinet.

[edit] Vote of censure

118. (1) Parliament may, by resolution supported by more than half of all members of Parliament, pass a vote of censure against a Minister on any of the following grounds—

  • (a) abuse of office or wilful violation of the oath of allegiance or oath of office;
  • (b) misconduct or misbehaviour;
  • (c) physical or mental incapacity, namely, that he or she is incapable of performing the functions of his or her office by reason of physical or mental incapacity;
  • (d) mismanagement; or
  • (e) incompetence.

( 2) Upon a vote of censure being passed against a Minister, the President shall, unless the Minister resigns his or her office, take appropriate action in the matter.

(3) Proceedings for censure of a Minister shall be initiated by a petition to the President through the Speaker signed by not less than one-third of all members of Parliament giving notice that they are dissatisfied with the conduct or performance of the Minister and intend to move a motion for a resolution of censure and setting out particulars of the grounds in support of the motion.

(4) The President shall, upon receipt of the petition, cause a copy of it to be given to the Minister in question.

(5) The motion for the resolution of censure shall not be debated until the expiry of thirty days after the petition was sent to the President.

(6) A Minister in respect of whom a vote of censure is debated under clause (5) of this article is entitled during the debate to be heard in his or her defence.

[edit] Attorney General

119. (1) There shall be an Attorney General who shall be a Cabinet Minister appointed by the President with the approval of Parliament.

(2) A person shall not be qualified to be appointed Attorney General unless he or she is qualified to practise as an advocate of the High Court and has so practised or gained the necessary experience for not less than ten years.

(3) The Attorney General shall be the principal legal adviser of the Government.

(4) The functions of the Attorney General shall include the following—

  • (a) to give legal advice and legal services to the Government on any subject;
  • (b) to draw and peruse agreements, contracts, treaties, conventions and documents by whatever name called, to which the Government is a party or in respect of which the Government has an interest;
  • (c) to represent the Government in courts or any other legal proceedings to which the Government is a party; and
  • (d) to perform such other functions as may be assigned to him or her by the President or by law.

(5) Subject to the provisions of this Constitution, no agreement, contract, treaty, convention or document by whatever name called, to which the Government is a party or in respect of which the Government has an interest, shall be concluded without legal advice from the Attorney General, except in such cases and subject to such conditions as Parliament may by law prescribe.

(6) Until Parliament makes the law referred to in clause (5) of this article, the Attorney General may, by statutory instrument, exempt any particular category of agreement or contract none of the parties to which is a foreign government or its agency or an international organisation from the application of that clause.

[edit] Director of Public Prosecutions

[edit] Director of Public Prosecutions

120. (1) There shall be a Director of Public Prosecutions appointed by the President on the recommendation of the Public Service Commission and with the approval of Parliament.

(2) A person is not qualified to be appointed Director of Public Prosecutions unless he or she is qualified to be appointed a judge of the High Court.

(3) The functions of the Director of Public Prosecutions are the following—

  • (a) to direct the police to investigate any information of a criminal nature and to report to him or her expeditiously;
  • (b) to institute criminal proceedings against any person or authority in any court with competent jurisdiction other than a court martial;
  • (c) to take over and continue any criminal proceedings instituted by any other person or authority;
  • (d) to discontinue at any stage before judgment is delivered, any criminal proceedings to which this article relates, instituted by himself or herself or any other person or authority; except that the Director of Public Prosecutions shall not discontinue any proceedings commenced by another person or authority except with the consent of the court.

(4) The functions conferred on the Director of Public Prosecutions under clause (3) of this article—

  • (a) may, in the case of the functions under clause (3)(a), (b) and (c) of this article, be exercised by him or her in person or by officers authorised by him or her in accordance with general or specified instructions; and
  • (b) shall, in the case of the functions under paragraph (d) of that clause, be exercised by him or her exclusively.

(5) In exercising his or her powers under this article, the Director of Public Prosecutions shall have regard to the public interest, the interest of the administration of justice and the need to prevent abuse of legal process.

(6) In the exercise of the functions conferred on him or her by this article, the Director of Public Prosecutions shall not be subject to the direction or control of any person or authority.

(7) The Director of Public Prosecutions shall have the same terms and conditions of service as those of a High Court judge.

[edit] Prerogative of mercy

[edit] Prerogative of mercy

121. (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of—

  • (a) the Attorney General who shall be the chairperson; and
  • (b) six prominent citizens of Uganda appointed by the President.

(2) A person shall not be qualified for appointment as a member of the committee if he or she is a member of Parliament, the Uganda Law Society or a district council. (3) A member appointed under clause (1)(b) of this article shall serve for a period of four years and shall cease to be a member of the committee—

  • (a) if circumstances arise that would disqualify him or her from appointment; or
  • (b) if removed by the President for inability to perform the functions of his or her office arising from infirmity of body or mind or for misbehaviour, misconduct or incompetence.

(4) The President may, on the advice of the committee—

  • (a) grant to any person convicted of an offence a pardon either free or subject to lawful conditions;
  • (b) grant to a person a respite, either indefinite or for a specified period, from the execution of punishment imposed on him or her for an offence;
  • (c) substitute a less severe form of punishment for a punishment imposed on a person for an offence; or
  • (d) remit the whole or part of a punishment imposed on a person or of a penalty or forfeiture otherwise due to Government on account of any offence.

(5) Where a person is sentenced to death for an offence, a written report of the case from the trial judge or judges or person presiding over the court or tribunal, together with such other information derived from the record of the case or elsewhere as may be necessary, shall be submitted to the Advisory Committee on the Prerogative of Mercy. (6) A reference in this article to conviction or imposition of a punishment, sentence or forfeiture includes conviction or imposition of a punishment, penalty, sentence or forfeiture by a court martial or other military tribunal except a field court martial.

[edit] International relations

[edit] Diplomatic representation

122. (1) The President may, with the approval of Parliament, appoint ambassadors and heads of diplomatic missions.

(2) The President may receive envoys accredited to Uganda.

[edit] Execution of treaties, conventions and agreements

123. (1) The President or a person authorised by the President may make treaties, conventions, agreements or other arrangements between Uganda and any other country or between Uganda and any international organisation or body, in respect of any matter.

(2) Parliament shall make laws to govern ratification of treaties, conventions, agreements or other arrangements made under clause (1) of this article.

[edit] Declaration of a state of war

[edit] Declaration of a state of war

124. (1) The President may, with the approval of Parliament, given by resolution supported by not less than two-thirds of all the members of Parliament, declare that a state of war exists between Uganda and any other country.

(2) Where it is impracticable to seek the approval of Parliament before declaration of a state of war, the President may declare a state of war without the approval but shall seek the approval immediately after the declaration and in any case not later than seventy-two hours after the declaration.

(3) Where the President makes the declaration of a state of war under clause (2) when Parliament is in recess, the Speaker shall immediately summon Parliament to an emergency session to sit within seventy-two hours after the declaration of a state of war.

(4) The President may, with the approval of Parliament, given by resolution, revoke a declaration of a state of war made under clause (1) or (2) of this article.

[edit] National Planning Authority

[edit] National Planning Authority

125. There shall be a National Planning Authority whose composition and functions shall be prescribed by Parliament.

[edit] Internal links

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Chapter 8 - The Judiciary

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