Constitutional Reform in Tanzania: Developing Process and Preliminary Results

Masabo, Juliana; Wanitzek, Ulrike

doi:10.5771/0506-7286-2015-3-329

Cited by 2 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…On the other hand, the authorities in some cases can violate the law, and this violation will become legal (Masabo and Wanitzek, 2015;Minow, 2006;Balakrishnan, 2010;Groothuizen, Callwood, and Gallagher, 2018) because this action will not be considered as an administrative act, but will be considered as acts of sovereignty that protected in the constitution from the judicial review.…”

Section: Introductionmentioning

confidence: 99%

The Role of Judicial Review on the Acts of Sovereignty in Egypt

2023

Central European Management Journal

View full text Add to dashboard Cite

This article aims to identify the beginning of the emergence of the concept of acts of sovereignty in France and how this affected the judicial theory created by the French Council of State, and its reflection on Egyptian laws and decisions of the Supreme Constitutional Court as well as the Supreme Administrative Court in Egypt. This article also aims to extract the criteria decided by the judiciary to understand the concept of sovereignty and how to distinguish it from other acts of administration. To achieve these goals, the author used the analytical approach to analyze judicial rulings that dealt with the actions of sovereignty, and the comparative perspective was also relied upon to determine the dimensions of the theory of actions of sovereignty in France and its impact on the idea of acts of sovereignty in Egypt.

show abstract

Section: Introductionmentioning

confidence: 99%

The Role of Judicial Review on the Acts of Sovereignty in Egypt

2023

Central European Management Journal

View full text Add to dashboard Cite

show abstract

“…In the first phase of the constitution, all fourteen amendments from 1965 to the present did not involve public participation. The non-participation of the public was also reflected during the launching of the 1964 union constitution, 1965 interim constitution and 1977 permanent constitution (Masabo & Wanitzek, 2015). The second phase is the public good when the discursive environments involve active discursive democracy by the public.…”

Section: Introductionmentioning

confidence: 99%

“…The second phase is the public good when the discursive environments involve active discursive democracy by the public. This phase (public interest) can be traced from 2011 when the Constitution Review Act 2011 established the legal basis towards the common good of constitutional reforms in Tanzania (Masabo and Wanitzek, 2015). The constitution reforms in Tanzania came following the constitution of 1977, which has been enacted like other legislative statutes serving political interests, unlike the public interests.…”

Section: Introductionmentioning

confidence: 99%

Creating Discursive Conditions for Constitution Reforms in Tanzania

Malima,

NGAIZA

2023

jpda

View full text Add to dashboard Cite

There has been low public participation in discursive constitutional reforms in Tanzania. However, the discursive conditions shaping such low public participation were still unknown. The current study examined discursive conditions for constitutional practices. The study employed Mactayres' legitimation theory (1998) of the common public good to extract discursive conditions of reconstitution debates in Tanzania. A documentary review was used to extract data, and transcription and translation were later done. Four data sets were involved in the analysis: two public discursive forums, telephone public deliberation opinions and television interviews of politicians. Attride-Stirling (2001) thematic qualitative analysis guided the systematic methodological analysis of the study. The findings show four main discursive conditions for constitution debates in Tanzania: lack of inclusive public discursive participation, lack of normative values for discursive critiques and inquiries, lack of public discursive constitution consciousness and inappropriate public discursive setting and structures. It is recommended that public constitution awareness requires total involvement of civil societies, government organs, politicians, professionals, media and individuals; secondly, public constitution awareness-raising should be held before engaging the public in public deliberation of constitution reform; thirdly, the nature of public awareness should reflect appropriate platforms that suit public discursive settings and involve a wide public agenda (economics, health, education, agriculture, human rights) to allow a wide public deliberation; fourthly, during constitution debates public should be informed on the values of public discourse that involve rational arguments, tolerance respects and public consensus to achieve a common understanding. Fifthly, where there are no discursive structures (discursive layout), public consensus must be on the road map toward the new constitution. Finally, those responsible for collecting public opinions should arrange and conduct constitutional debates in an informal setting with no time constriction to make it easy for majority participation and to achieve data saturation of public opinions. While the study contributed to democratic discursive conditions as the party of Critical Discourse Analysis, future studies can focus on power relationships and reconstitution practices in Tanzania.

show abstract

Constitutional Reform in Tanzania: Developing Process and Preliminary Results

Cited by 2 publications

References 0 publications

The Role of Judicial Review on the Acts of Sovereignty in Egypt

The Role of Judicial Review on the Acts of Sovereignty in Egypt

Creating Discursive Conditions for Constitution Reforms in Tanzania

Contact Info

Product

Resources

About