Overview

Issues of Constitutionalism, explores what has become one of the most controversial issues on the continent. In the last few decades, constitution making, and issues of constitutionalism without any doubt, have gained considerable prominence. Much as it is argued that constitutionalism promotes the rule of law, it is also argued that many African leaders do not believe in constitutional rule or those provisions that limit their powers. It is further, argued that not every state that has a constitution (in that sense) is a constitutional state. Some constitutional law scholars are of the opinion that some are sham constitutions, in that they exist for 'cosmetic' purposes only and have no effect in reality. The debate in the context of philosophy of law on the constitution as written document or unwritten principles in light of democracy, the rule of law and constitutionalism is ongoing. The study critically analyses the doctrine of constitutionalism in light of majoritarian democracies in Africa focusing on Uganda as the case study and explores the question whether having a written constitution is condition enough to satisfy that any given state is indeed a constitutional state. The work in this book has looked at different theories in constitutionalism in order to encourage critical thinking on issues of a constitutional democracy, the rule of law, and human rights in general.