Africana Periodical Literature 
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 Periodical article |
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| Title: | Popular participation in constitution-making and legitimacy of the constitution: the experience of Tanzania |
| Author: | Haule, Romuald R. |
| Year: | 2012 |
| Periodical: | Journal of African and international law (ISSN 1821-620X) |
| Volume: | 5 |
| Issue: | 1 |
| Pages: | 1-39 |
| Language: | English |
| Geographic term: | Tanzania |
| Subjects: | constitutional reform constitutional law constitutions legitimacy popular participation |
| Abstract: | Constitution-making is one of the most important moments in a country's history. This experience has, in Tanzania, fortunately taken place in peacetime and without pressure from the outside world. The Tanzanian democracy, which is one of the infant democracies of the world, is conducting a constitutional review process with a view to once again give hope to those who would like to abide by rule of law principles. This article addresses many of the issues that have been and are being discussed regarding the making of a new constitution in Tanzania and its process. It examines how the need for a new constitution has grown in the country and thus the legal basis for the constitutional review process. Popular participation has been discussed on a wide scale as the way to legitimize the constitution, and so this article discusses the many intricacies of popular participation and how this is linked to the legitimacy of a constitution. Reference is made to issues surrounding the Union of Tanganyika and Zanzibar as well as looking at the 'Grundnorm' and supporting theory by Kelsen. This article looks at the practical aspects of the constitution-making process as well as at the historical and legal theoretical aspects of constitutional law in Tanzania. Notes, ref. [ASC Leiden abstract] |