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 debate
on the revival of a constituent process that stalled in
2014. In doing so it discusses two constituent processes
that led to the adoption of independence constitutions
[the Tanganyika (Constitution) Order in Council 1961
and the Constitution of the State of Zanzibar 1963].
The two processes were elitist and exclusionist as they
side-lined ordinary citizens and various interest groups.
Also, the British sought to impose their own version of
a constitutional design. Consequently, the two
independence constitutions lacked legitimacy and,
therefore, they were replaced and abrogated shortly
after their adoption. This indicates that popular
participation and consensus-building are crucially
important. Thus, in the light of the experience, the
article offers a major recommendation in case the
stalled process is revived: broad and inclusive
participation and consensus-building are necessary if
the envisaged constitution has any chance of enjoying
legitimacy and longevity.