Abstract
Constitution-making is fundamentally a political process whose legitimacy depends not merely on constitutional legality but also on public confidence in the institutions and actors directing constitutional change (Elster, 1995; Ginsburg, Elkins, & Blount, 2009). This article examines Tanzania’s constitutional legitimacy crisis following the disputed 2025 general election and evaluates the proposal that respected Christian and Muslim religious leaders should facilitate national reconciliation and constitutional dialogue. It argues that constitutional legitimacy rests upon four interrelated foundations: political inclusion, institutional neutrality, public trust, and accountability (Beetham, 1991; Weber, 1978). Where these foundations are weakened by electoral disputes, political violence, or declining confidence in state institutions, constitution-making remains vulnerable to contestation regardless of formal legal validity (Linz & Stepan, 1996; Norris, 2011). Employing a comparative qualitative methodology, the article examines mediation experiences in Kenya following the 2007–2008 post-election crisis (Lindenmayer & Kaye, 2009), Zimbabwe after the disputed 2008 elections (Raftopoulos, 2013), and Rwanda’s post-genocide reconciliation framework (Clark, 2010). These cases reveal contrasting approaches to mediation, accountability, and institutional reform, highlighting both the possibilities and limitations of negotiated political settlements (Sisk, 2008; Menocal, 2015). Building on these experiences, the article develops a Comparative Constitutional Legitimacy Framework (CCLF), arguing that constitutional renewal requires independent mediation, inclusive participation, credible accountability, institutional reform, and sustained political commitment (Ginsburg et al., 2009; Elster, 1995). It concludes that religious institutions may provide valuable moral authority and public trust, but mediation cannot restore constitutional legitimacy without genuine political willingness to undertake meaningful democratic reform (Appleby, 2000; Haynes, 2020).



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