Department of Public Law

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https://repository.udsm.ac.tz/handle/123456789/70

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Browsing Department of Public Law by Subject "constitution-making"

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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.
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    The Pitfalls of Constitution-­‐making in Tanzania: The Lessons so far
    (University of Dar es Salaam, 2013-11) Shivji, Issa G.
    Big claims are made for the constitution. When it suits them, politicians in power use it as an excuse to divert attention from bigger issues. Politicians wanting to get into power use it as a mobilizing stratagem. Activists in NGOs use it to advance their advocacy work for human rights, gender rights, land rights, disabled rights, women’s rights, children’s rights, cultural rights, consumer rights, and a host of other rights. Political scientists and constitutional lawyers use it to propagate liberal democracy, multipartism, good governance, transparency, accountability, rule of law and legalism which they have picked up from their textbooks and consultancy clients such as the World Bank, USAID, DfID, donors and Foundations. Radical nationalists, a species that is fast disappearing, use it to assert national identity.
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    Three Generations of Constitutions in Africa: An Overview and Assessment in Social and Economic Context
    (2000) Shivji, Issa G.
    Discusses constitutions and constitution-making of three generations- independence constitutions modeled on those of metropolitan powers; nationalist constitutions during the developmentalist period and the current multiparty constitutions in the neoliberal era.