The Critique Magazine Logo
    • Popular
    • Latest
    The Critique MagazineThe Critique
    Login
    THE VERDICT

    Reason, Not Passion, As a Yardstick for Justice.

    Strip away bias, let every voice speak; only then does justice unveil who we are beneath the noise.

    By: Nasasira Eric

    28 Nov, 2025

    Share
    Save

    "Would you give the devil the benefit of the law?" is a phrase Robert Bolt uses in his masterpiece, "A Man for All Seasons."

    The underlying issue in question from the above phrase is the application of the law and the administration of justice without undue regard to preconceived sentiments and pre-determinations by those who are in a position of dispensing justice, who, according to the globally accepted standards, are not supposed to be under the influence and interference of any other authority—something captured under the doctrine of judicial independence.

    This is meant to ensure fairness in the administration of justice and to protect people who face the law over alleged abuse from bias, arbitrariness, and cruelty from the same halls they are supposed to find relief in. Article 128 of the current Ugandan Constitution is to the effect that in the exercise of judicial power, the courts shall be independent and shall not be subject to the control or direction of any other person or authority. This is aimed at avoiding situations where some people charged with offences are already villains even before the trial commences.

    Who and what really determine if one is a villain or a saint? This is a rhetorical question to which no answer is expected, but in this literal piece, it is the law that really sets free those for whom no spot has been found after careful examination, and it is the same law that incriminates one upon being found worthy of the blame for abuse of the law.

    The Ugandan law, specifically Article 28 of the 1995 Constitution, underscores this point that a person shall be accorded a fair hearing before any judgment is passed on to those people. The same position is reflected in Article 42 of the Constitution, which is to the effect that a person has a right to be treated justly and fairly and shall have a right to apply to a court of law regarding any decision taken against him or her. This fundamental principle of the rule of law is grounded on two natural justice rules: the rule against bias, which summarily states that a person cannot be a judge in their own case, and the famous "Audi alteram partem" principle, which connotes the fact that before judgement is passed, the other party should be given a chance to be heard in their defence. Right to a fair hearing is an embodiment of other important aspects, including the trial being speedy and in a public hearing before an independent court or tribunal established by law, in addition to other key aspects like being permitted to appear in court either in person or by a legal representative.

    The law is both in print and in spirit and derives its force of action from the will of the people to defend it, with the judiciary being the front-line defender of it from usurpation and subjugation.

    Oftentimes, people have been branded villains without allowing them to be heard in their defence, which goes against the whole essence of justice, which must not only be done but also be seen to be done, as Lord Hewart observed in R v Sussex. This places the judiciary in a very precarious situation, with halls long held to be temples of justice now being the same halls that give a breast to impunity and injustice to grow and to glow clearly in the public sight. As Lord Denning states, "Justice must be rooted in confidence, and confidence is destroyed when right-minded people go away thinking the judge was biased." Bias means an operative prejudice, whether conscious or unconscious, in relation to any party or issue.  Such operative prejudice may be the result of a preconceived notion or a predisposition, or a predetermination to decide a case in a particular manner.  In otherwords, "bias" may be generally defined as a partiality or preference which is founded on belief and is actuated by self-interest, whether pecuniary or personal or imputed

    Justice is about the modus operandi, which in the eyes of the reasonable member of society would be said to deliver a just and fair decision as opposed to the dispensations of the one who is in the position to make that decision by virtue of their position of authority or their preconceived notions about the one to whom the decision is to be made.

    Reckoning the presumption of innocence well enshrined in the Ugandan law to the effect that one shall be presumed innocent until they are proved guilty or until that person has pleaded guilty.

     As scripture states in Proverbs 18:17, "The one who states his case first seems right, until the other comes and examines him." Sometimes we find ourselves on the wrong side of the stick, believing people’s sentiments and judgments against others, but I am hoping that going forward, we can pick up a bundle of these vital lessons.

    • Things are not always what they seem.

    • The proof is in the pudding.

    • Beyond the ceiling lies the shocking truth.

    • Whatever is hidden will come to light, and angels and villains will be known not by their own measure and opinion but by justice's fair scales.

    And as Chinua Achebe would rightly say, "Until the lion learns how to write, the story will always glorify the hunter."

     

    💬Comments(0)

    Sign in to join the conversation

    The Critique Magazine

    Copyright Notice: All rights reserved. All the material published on this website should not be reproduced or republished without prior written consent.

    Copyright to the material on this website is held by The Critique Magazine and the contributors. Any violation of this copyright will be subject to legal proceedings under intellectual property law.

    Navigation

    HomeGlobal WatchLatestPopularSubmissionsIssues

    Magazine

    AboutThe VerdictInner Reflection

    Copyright 2025 - The Critique Magazine

    Most popular

    1

    The Feminisation of the Electorate, the Tyranny of Youth Numbers, and the 2026 Paradox

    Uganda Does Not Vote—Uganda Demographically Decides

    Isaac Christopher Lubogo

    2

    Reason, Not Passion, As a Yardstick for Justice.

    Strip away bias, let every voice speak; only then does justice unveil who we are beneath the noise.

    Nasasira Eric

    3

    Why Museveni Has Already Won: A Demystification of Uganda’s Electoral Destiny

    Museveni’s victories are not won on polling day; they are won in the alignment of institutions long before the ballot box opens.

    Isaac Christopher Lubogo

    4

    What the Youth of Uganda Want to Hear

    A Discourse in the Language of Truth, Pain, and Possibility

    Isaac Christopher Lubogo

    5

    What a Berlin Moment Reveals About Freedom

    Safety is not a luxury; it is the condition that makes freedom meaningful.

    Konrad Hirsch

    6

    Let Me Speak

    Survival wears so many faces, mine wears courage.

    Atino Teddy

    7

    The Year Politics Didn't Disappoint (Us)

    Plot twists and cliffhangers, Africa-style: where the story's never over

    Asiimwe Esther Peace

    8

    The Hair, the Faith, And the Law: When Dreadlocks Become Evidence of Devotion

    “No razor shall touch his head, for the locks of his hair are holy unto the Lord.”

    Arinaitwe Reagan

    9

    The Two Worlds

    Scars and gold, which will shine brighter?

    Atino Teddy

    10

    Kakwenza, the Revolution, and the Theatre

    Radical art confronts tyranny: Kakwenza’s new play lays bare Uganda’s compromised courts and calls on citizens to remember, resist, and reclaim their voice.

    Godwin Muwanguzi