CONSENSUS-BUILDING AND POPULAR PARTICIPATION IN CONSTITUTION-MAKING: LESSONS FROM EARLY CONSTITUENT PROCESSES IN TANGANYIKA AND ZANZIBAR

Abstract

This article seeks to contribute to the on-going debateon the revival of a constituent process that stalled in2014. In doing so it discusses two constituent processesthat led to the adoption of independence constitutions[the Tanganyika (Constitution) Order in Council 1961and the Constitution of the State of Zanzibar 1963].The two processes were elitist and exclusionist as theyside-lined ordinary citizens and various interest groups.Also, the British sought to impose their own version ofa constitutional design. Consequently, the twoindependence constitutions lacked legitimacy and,therefore, they were replaced and abrogated shortlyafter their adoption. This indicates that popularparticipation and consensus-building are cruciallyimportant. Thus, in the light of the experience, thearticle offers a major recommendation in case thestalled process is revived: broad and inclusiveparticipation and consensus-building are necessary ifthe envisaged constitution has any chance of enjoyinglegitimacy and longevity.