Commentary on the Constitution of the United Republic of Tanzania

This new Introductory Note concerning the Constitution of the United Republic of Tanzania of 1977 (as Amended to 2005) provides a full review of the colonial, political, and constitutional history of the former states of Tanganyika and Zanzibar, and their union in 1964. The country now incorporates mainland Tanzania and the semi-autonomous region of Zanzibar.
Within the Union there are two constitutions, two executives, two legislatures, and two judiciaries (sharing one Court of Appeal).
The Note describes the Constitution’s fundamental principles and objectives. Part II of the Constitution sets out the Fundamental Objectives and Directive Principles of State Policy. A Bill of Rights, which includes duties, was first included through a constitutional amendment in 1984. The nature and scope of the rights and duties in the Bill of Rights, particularly in the light of judicial application and interpretation by the High Court and the Court of Appeal, are analysed. The particular rights covered in the Note are the rights to equality and to equality before the law, to life, to just remuneration, to freedom of religion, and to participate in public affairs. The Note also reviews the limitation, derogation, and protection and enforcement of rights.

File Type: pdf
Categories: Constitutional Law
Author: Prof. Charles M. Fombad, Prof. Dr. Dr. h.c. Rüdiger Wolfrum, Prof. Dr. Rainer Grote