Department of Public Law

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Paradoxes of Constitution-making in Tanzania (2013)
(University of Dar es Salaam, 2013) Shivji, Issa G.
We, the East African lawyers, have learnt the meanings of constitution from our British masters who themselves do not have a written constitution. Steeped in positivism, theirs is more of a description rather than a definition, much less a concept. The descriptions, with some or other variation of language, tell us that a constitution is a collection of rules which establishes and regulates or governs the government (Wheare 1966:1) Wade & Bradley (1965, 7th edn.) better it slightly. ‘By a constitution is normally meant a document having special legal sanctity which sets out the framework and the principal functions of the organs of government of a State and declares the principles governing the operation of those organs.’ (ibid.:1) I will not dwell on definitions; rather my purpose is to explore the concept of constitution and what does it express politically and socially.