Nicodemus Minde
Tanzania is in the process of drafting a new constitution.
The process is guided by the Constitutional Review Act Chapter 83 of under the
revised edition of 2012. The Act provides
for the establishment of the Constitutional Review Commission for purposes of
co-ordination and collection of public opinions on the Constitution; to examine
and analyze public opinions; to provide for fora for constitutional review; to
provide for preparation and submission of report on the public opinions; to
provide for the procedure to constitute the Constituent Assembly, the conduct
of referendum and to provide for related matters. The Act as stipulated in
article 2 ‘shall apply to Mainland Tanzania and Tanzania Zanzibar and therein signed
by the Attorney General of Tanzania Fredrick Werema.
Constitutional making is aimed to ensure that
the outcomes of constitutional building processes are legitimate and broadly
accepted. The outcomes of constitutional building are legitimate when they are
broadly accepted and national owned. Constitutional making is not a one-time
event, rather it is a long time and historical process that may be highly
contentious, highly volatile and could cause massive divisions if not handled
well. Constitution building is defined expansively as a long-term and
historical process. Constitution building has often entailed ‘grand design’ and
wholesale redrafting and implementation of a new constitution, even though
substantial revision and reform of an existing constitution is another option.
Constitutional building should be aimed at meeting
three key legitimate ends. As Tanzania delves into this process, we should know
that the legitimacy of a constitution is multidimensional. They include;
Legal
legitimacy-this is gained through conformity to
relevant legal rules, principles and norms. Legal legitimacy is a crucial
component of building a strong democracy with strong observance to the rule of
law.
Political legitimacy-this is reflected in the national ownership or
sovereign independence of the people who adopt constitution, a collective that
may be composed of distinct plural groups. This highlights another ingredient
of democracy which is inclusivity.
Moral
legitimacy-is embodied by a close relationship
between the constitution and the shared values that underlie the moral basis of
the state; in addition, the constitution may aim at goals much as societal reconciliation,
forgiveness after prolonged victimization, social inclusion and moral rejuvenation
of the state.
With help from the International Institute for
Democracy and Electoral Assistance (International IDEA)-A Practical Guide to Constitution
Building
I PRECIATE
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