Towards a New Constitutional order: The State of the Debate in Tanzania
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University of Dar es Salaam
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Paper presented at the Symposium on the Constitution and the Electoral Law organised by the Tanzania Society for International Development at the British Council Hall, 10-11th June, 1996
In this paper I highlight some of the important considerations in the debate on making a new constitution for Tanzania. First and foremost, by tracing the history of constitutional development in the country I attempt to derive certain lessons which can then feed into assisting us in determining the path of constitution-making. As a matter fact, it is only such a historical approach that can help us to build a consensus on the need for a new constitution. The issue is not technical and legal. The issue is historical and political. Consensus building is both an intellectual as well as a political task. So while making out a case for constitution-making that will embody national consensus, I hope, I am also assisting in constructing a consensus on the need for a new constitution.
In this paper I highlight some of the important considerations in the debate on making a new constitution for Tanzania. First and foremost, by tracing the history of constitutional development in the country I attempt to derive certain lessons which can then feed into assisting us in determining the path of constitution-making. As a matter fact, it is only such a historical approach that can help us to build a consensus on the need for a new constitution. The issue is not technical and legal. The issue is historical and political. Consensus building is both an intellectual as well as a political task. So while making out a case for constitution-making that will embody national consensus, I hope, I am also assisting in constructing a consensus on the need for a new constitution.
Keywords
New Constitutional, Debate, Tanzania