Constitutional development and democratisation process in Zanzibar 1964 - 1985

Date

1986

Journal Title

Journal ISSN

Volume Title

Publisher

University of Dar es Salaam

Abstract

This dissertation seeks to show the relationship between constitutional development and democratisation process in Zanzibar from 1964-1985. The dissertation is divided into five chapters. Chapter one deals with the conceptual framework of the constitution and democracy. The relationship between the constitution, democracy and the nature of a given state is shown in this chapter. Chapter two shows the constitutional organisation before the revolution. It traces the constitutional development during colonialism up to Independence in December 1963. It is argued in this chapter that, the British tried to create democratic institutions immediately before they left, but even these institutions had a lot of limitations for they tended to favour Arabs. This was in consonance with the British view that Zanzibar was an Arab State. This explains why the revolution occurred only one month after Zanzibar had attained her Independence. Chapter three deals with the democratic situation after revolution up to 1978.In this chapter, it is shown how the different actions of both law and practice affected democracy in Zanzibar. It is argued that in the period under discussion, there was total disrespect for democracy which had very serious repercussions on human rights. This was a result of the actions taken by those in power to consolidate their positions. The 1979 constitution which was the first permanent constitution in post revolution period in Zanzibar, is discussed in chapter four. The discussion shows how the constitution opened the way for a far greater level of democracy by separating the powers of government, creating a legislature and introduce election for the presidency. Chapter five shows how the 1984 constitution ushered in a new era of democracy in Zanzibar by the introduction of a bill of rights, elections of the members of the House of Representatives, establishment of a new judicial system and the limiting of the tenure of the president to two terms only. In this discussion, the role of the Party to assert its supremacy which is provided under the constitution is also shown. In this dissertation, every chapter has its own conclusions and there is a general conclusion which has been made as part of chapter five. It is argued in the general conclusion that the constitutional development which took place for a period of 21 years, i.e.,1964 to 1985 have a great bearing on the democratisation process of Zanzibar.

Description

Available in print form

Keywords

Zanzibar, Constitutional history, Constitutional law, Politics and Government

Citation

Mlimuka, A. K. L. J (1986) Constitutional development and democratisation process in Zanzibar 1964 - 1985, Masters dissertation, University of Dar es Salaam. Available at (http://41.86.178.3/internetserver3.1.2/detail.aspx?parentpriref=)