INTRODUTION

The nature of preamble is that most of constitutions start with a preamble 1. A constitutional
preamble is a text designed to introduce the constitution and at times to give a concise statement
of the nature of the system that the constitution is supposed to capture. While they may differ in
style and length, most preambles seem to serve two primary functions. First, preambles declare
or identify the source of authority for the document. In most preambles it is “we the people” that
is invoked as the legitimate source of authority. Second, most preambles engage in an explicit
attempt to project an identity for “we the people,” how “we the people” came to be. “We the
people” is at times defined through an extended historical biography. At other times, it is the
presumed common ethnic origin or religious membership that are said to establish the bond,
whether the people is territorially bound or not. Still at other times, it is existence of common
political and moral principles that are thought to be the core constitutive elements of who the
people are. Whatever the strategy, preambles attempt to imagine a usable political identity for the
people, its collective agency. The “people” are viewed with sufficient agency capable of
“ordaining” or “granting” the constitutional document to themselves. Of course, in many cases
“we the people” is the very creation of the document itself. Thus, the “people” is simultaneously
the author and product of the constitution. In this sense, preambles are per formative in nature:
they constitute the people as they even declare that the people are their authors. Through a close
study of the constitutional preambles of all countries currently in existence, the article explores
how preambles construct a politically serviceable identity of the people that is supposed to be the
legitimate source of authority for the document even when the source appears to be the creation
of the entity that is being invoked as a legitimate source. The formal legal status of preambles
might be uncertain (whether they can or should be cited by decision-makers in the process of
making binding decisions), but what is not in doubt (and what has largely been neglected) is the
fact that preambles are means through which a people is said to imagine and solidify its identity.
As Benedict Anderson long ago explained, an imagined identity is neither true nor false. It
simply is. The article explores the processes by which this imagining takes place and the purpose
for which it is adopted.

1
Vienna journal on international constitutional law
 The Tanzanian constitution has enshrined on how the preamble of the constitution of united
republic of Tanzania of 1977 is, are as follow

WHEREAS WE,2 the people of the United Republic of Tanzania, have firmly and solemnly
resolved to build in our country a society founded on the principles of freedom, justice,
fraternity and concord:

AND WHEREAS those principles can only be realized in a democratic society in which the
Executive is accountable to a Legislature composed of elected members and representative of
the people, and also a Judiciary which is independent and dispenses justice without fear or
favor, thereby ensuring that all human rights are preserved and protected and that the duties
of every person are faithfully discharged:

NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THE CONSTITUENT

ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA, on behalf of the People, for the
purpose of building such a society and ensuring that Tanzania is governed by a Government
that adheres to the principles of democracy and socialism and shall be a secular state.

The preamble found in Tanzanian constitution of 1977 has being so important in judicial
interpretation in the following circumstance

Under article 107A of the constitution of united republic of Tanzania 1977 3

(1) The Judiciary shall be the authority with final decision in dispensation of justice in the
United Republic of Tanzania. (2) In delivering decisions in matters of civil and criminal
nature in accordance with the laws, the court shall observe the following principles, that is to
say (a) impartiality to all without due regard to ones social or economic status; (b) not to delay
dispensation of justice without reasonable ground; (c) to award reasonable compensation to
victims of wrong doings committed by other persons, and in accordance with the relevant law
enacted by the Parliament; (d) to promote and enhance dispute resolution among persons
involved in the disputes; and (e) to dispense justice without being tied up with technicalities
provisions which may obstruct dispensation of justice

2
The constitution of united republic of Tanzania of 1977
3
ibid
Under article 107B of the constitution of united republic of Tanzania 19774 “in exercising the
powers of dispensing justice all courts shall have freedom and shall be required only to
observe the provisions of the constitution and those of laws of the land”

The articles above has state it very clear on what it was stated in the preamble due to that we
have seen the important of preamble in judicial interpretation in the country

CONCLUSION

4
The constitution of united republic of Tanzania of 1977
REFFERENCE

THE CONSTITUION OF UNITED REPUBLIC OF TANZANIA OF 1977

ADENO ADIS (2016) ,VIENNA JOURNAL ON INTERNATIONAL CONSTITUTIONAL

LAW