Building the Constitution - key elements & legal transitions in the rule of law
Due to the foundational nature of constitutions, it is important to study legal transitions according to the dynamic theory of law. As Kelsen argued, a unique property of law is that it governs its own creation. Since the constitutional transitional context in Uganda has largely been discussed from a political perspective, this discussion will focus on the transformation of a constitution in both ordinary and transitional times from the standpoint of legal theory. Constitutional design has been influenced by the universalistic liberal ideal; therefore, understanding the legal system and the structure of the constitution, as well as their operational rules, is a methodological requirement for explaining the scope and limits of legal transformation. Constitutions are foundational to democracy, the rule of law, human rights, and good governance, but poorly designed constitutions can increase discord and conflict. Today, we will dissect constitutional transitions from a legal perspective, featuring insights from Sarah Bireete, Executive Director of the Center for Constitutional Governance, Shamim Malende, Woman MP for Kampala; and Eddie Nangulu, a lawyer.