THE MEANING AND LECTURE PAPER BY

FUNCTIONS OF KATABARO, Jackson∗

LL.M-Taxation (UDSM)
CONSTITUTION LL.B (SAUT)

Friday, November 04, 2016

It is a time honoured principle that every legal conversation ought to begin with

the Constitution. Constitution is the mother law of the land in which all other

laws are subject to it, in the idiom of the law, Constitution is the superlative law

of the land, the law over and above all other laws in a given legal jurisdiction. In

almost all democratic States, Constitution is the foremost authority, it draws

the legal framework of administration including but not limited to Executive,

Judiciary and the Legislature.1 Constitution should not be taken as a new

phenomenon, in ordinary life this document might have been assigned a

number of names, and drafted in a number of ways, yet, in a legal profession

the famous known name is Constitution.

Even though, the context of the constitution as defined in this lecture extremely

focuses on the legal document governing States, it does not mean there exist

only constitutions for States, at basic level constitution is understood to be a

set of norms, conventions, rules and procedures that has the objective of

defining the behaviour of its constituents, whether individuals or groups of

people.2

∗
Assistant Lecturer, SAUT-School of Law-Mwanza-Tanzania- jkatabaro@gmail.com
Based on the series of Public Law Lectures to the LL.B Students 2015-2016
1
See, Article 4(1)-(4) of the Constitution of the United Republic of Tanzania, 1977 as amended time to time
2
See, D.R. Mukangara, Forms and Reforms of Constitutional Making (UTAFITI special issue Vol.4 1998-2001:131-150

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 For that reason, constitution can be designed for numerous individuals and

organizations including but not limited to Saving and Credit Co-operative

Societies (SACCOS), Non-Governmental Organizations (NGO), Community Based

Organizations (CBO), Students Associations and many others Association come

together for legally permissible and prolific purposes in a given national,

regional and international jurisdiction.

In the contemporary world, it is common for international organization to have

constitutions, for example we have in place Constitution of the International

Labour Organization (ILO),3 Constitution of the United Nations Educational,

Scientific and Cultural Organization (UNESCO)4 and Constitution of the World

Health Organization (WHO).5 Accordingly, defining constitution should not only

be limited to the content and context of the superlative legal document

governing States, constitution in alternate, is also a primary legal document

which may also be used to preside over a given National, Regional and

International association of people within the State.

Conversely, any constitution governing small association of people within the

State ought to be subordinate not only to the State constitution but also all

other laws of the land. In Tanzania context, the Constitution of the United

Republic of Tanzania, 1977 is the superlative document over and above all

other constitutions for any other small associations current existing in the

United Republic of Tanzania.6

3
Published on April 1, 1919 and entered in force on June 28, 1919
4
Adopted in London on November 16, 1945
5
Adopted by the International Health Conference held in New York June 19-July 22, 1946
6
See, Article 64 (5) of the Constitution of the United Republic of Tanzania, 1977 as amended

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On the other hand, the constitution of all associations of people within

Tanzania ought to be subjective to the Constitution of the United Republic of

Tanzania and other laws of the land. Thus, the Constitution of the United

Republic of Tanzania governs the whole territorial corners of the State and it is

superior to all other constitutions operating within the State while constitutions

by Small Organizations within the United Republic of Tanzania are subordinate

to the Constitution of the United Republic of Tanzania and governs only the

small group of people who have subscribed there to.

In ordinary framework constitution may be defined as an esteemed legal

document consented there to by the group of people for the purposes of Small

Association within the State and acknowledged by all the Citizens of the given

State for the purposes of the State, to govern all affairs of administration

including the powers and functions of various organs designed for fair and

equal inter relations of the rulers and the ruled. The inter relations between the

rulers and the ruled in a given democratic State is primarily defined in the

constitution, in absence of constitution, a State loses a democratic character of

administration, it is the constitution which by and large, set the functions and

powers of the legislature, judiciary and the executive.7

It provide for the human rights, election machinery, tenure of political

leadership, qualification for various executive and political posts, territory, the

army, operation of Local Government Authorities, legislative procedures, the

Cabinet and all other necessary institutions depending on the need of the given

State. To date if you are asked what is the constitution?

7
See, Article 4(1)-(4) of the Constitution of the United Republic of Tanzania, 1977 as amended

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 The answer at your finger tips should be, the constitution is mother law of the

land in which all other laws are subject to it. It set the foundation for the

constructive operation of the major arms of the State. Wherever the format or

style this document has the superlative feature over and above all other laws of

the State, the President, Cabinet, Legislature, Judiciary and all other public and

private institutions and associations are subordinate to the constitution.

Conversely, this expression may be far away from the African Context realism

where there are numerous violations of constitutions but yet, it is not only the

fact, it is the peremptory principle so called supremacy of the constitution

which necessitates a constitution to be the venerated and uppermost legal

document of the land.8

Statutory Definition

The Interpretation Article 151 of the Constitution of the United Republic of

Tanzania, 1977 is silent on the meaning of the Constitution, the same, the

Interpretation of laws Act does not define Constitution. Recently, the

interpretation Section 3 of the Tanzania Constitutional Review Act [CAP 83 R:E

2014] defines Constitution as the fundamental law, written or unwritten, that

establishes the character of a state by defining the basic principles to which a

society shall conform, distribution of powers and functioning among pillars of

the state by describing the organization of the executive, legislature and

judiciary, their regulation, distribution and the limitation of different state

organs, and by prescribing the extent and manner of the exercise of its

sovereign powers.

8
See, Article 64(5) of the Constitution of the United Republic of Tanzania, 1977 as amended 2005

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Scholars Perspectives

Literatures reveal that, the concept of constitution was developed in Europe and

United States. Even though the original ideas were developed in the United

Kingdom, it was the United States that enacted first document referred to as

Constitution after independence, the Constitution of the United States in 1787.

France enacted its first Constitution, the 1791 constitution after the French

Revolution.9

These constitutions attempted to establish government based on the power of

the people while at the same time restricting the power of governments. They

provided for structure of government and bill of rights. Many other countries

followed footsteps and enacted constitutions modelled after them, these

constitutions are often called modern constitutions.10 It should be noted at this

earlier juncture that, there is no first and hard rule in defining constitution;

nonetheless, there a definite features which are universal in almost all

definitions as so evidenced herein under from various constitutional law

literatures.

Lord Bolingbroke (1733)

According to the 1733 definition of Lord Bolingbroke (1678-1751), by

constitution we mean, wherever we speak with propriety and Exactness that

Assemblage of laws, institutions and Customs, derived from certain fixed

9
www.hartpub.co.uk/pdf/samples/9781841137926sample.pdf/9/12/2015
10
See, http://www.hartpub.co.uk/pdf/samples/9781841137926sample.pdf/9/12/2015

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 principles of Reason, that compose the general system, according to which the

community hath agreed to be governed.11

B.O Nwabwezi (1974)

In his book Presidentialism in Commonwealth Africa he contends that, the

nature and importance of the constituent power need not be emphasized. It is a

power to constitute a frame of government for a community, and constitution is

a means by which this is done. It is a primordial power, the ultimate mark of

the people’s sovereignty. Sovereignty has three elopements; the power to

constitute a frame of the government, the power to choose those to run the

government, and the powers involved in governing.12

It is by means of the first, the constituent power that the last are conferred.

Implementing a community’s constituent power, a constitution not only confers

powers of government, but also defines the extent of those powers, and

therefore their limits, in relation to individual members of the community. 13

W.E.F Ward (1976)

Ward is the proponent of constitution as a social contract; he emphasizes that,

we the people agree that, you rule us principally to the extent that is provided

in the constitution while we shall enjoy the rights and privileges stated therein.

Anything done in contravention of the rules in the constitution can be

challenged and any changes of the rules can only proceed as we have agreed

11
See, Viscount Bolingbroke “Dissertation on Parties” (1733) in Henry Saint-John Works (1809)
12
See, Presidentialism in Commonwealth Africa L Hurts and Company at 392
13
See, Njoya and Others vs. Attorney-General and Others (2004) AHRLR 157 (KeHC 2004)

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and stated therein. Constitution is the product of both the ruled and the

rulers.14

Hood Philips (1987)

H. Philips argues that, constitution can be perceived into two different senses

namely ‘Abstract sense’ and Concrete sense’. Within the context of Abstract

sense a constitution is a system of laws, customs and conventions which define

the composition and power of the organs of government of the state and

regulate their relationship to one another and to private citizen.15 While, in the

concrete sense, constitution is the document in which the most important laws

of the country are authoritatively ordained.16

Chief Bola Ige (1995)

Chief emphasizes that; constitution ought to proceed from the exercise of

sovereignty of the people. The reason is that political theory has long accepted

and affirmed the axiom that sovereignty belongs to the people. Conversely, it

was the American Revolution of 1776-1787 which brought to the forefront

more than at any time hitherto, that the people were repository of the

sovereignty which includes constituent power and the people are the only entity

which can exercise constituent powers. From 1787, the three opening words

under the preamble of the United States Constitution, WE THE PEOPLE have gain

14
See, W.E.F Ward (1976) Government in West Africa.
15
See, Hood Philips, ‘Constitutional and Administrative Law 7th edition, 1987 at p 5
16
Ibidem

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 precedents and appeared in almost all written constitution not only in Europe

but by and large in Africa.17

Anthony King (2000)

The Anthony king’s working definition underline that, a constitution is the set

of the most important rules that regulate the relations among different parts of

the government of a given country and also the relations between parts of the

government and the people of the country. 18

Chris Maina Peter, (2000)

Professor C.M. Peter argues that, the Constitution of the Country is the most

important legal document. It is the supreme law on which all other laws are

based. At times it is referred to as a social contract between the rulers and the

ruled. It is also the consensus amongst the people themselves. The constitution

is therefore more than just a document.

It embodies the wishes and aspirations of the country. All the laws, by-law,

rules and regulations derive their legitimacy from the Constitution. 19

Constitutions takes various forms, there are written and unwritten

constitutions. Great Britain for instance has no written constitution. It is guided

by traditions developed over years in numerous instruments. However, most

countries and particularly those in developing world have written

constitutions.20

17
See, Chief Bola Ige (SAN); Constitution and the Problem in Nigeria, 1995 at p 7
18
See, Anthony King “Does the United Kingdom still have a Constitution? in the Hamlyn Lectures, 2000
19
See, Chris. M. Peter,’ Constitutional Making in Tanzania: The Role of the People, 2000
20
Ibidem

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Issa G. Shivji & H. Majamba (et al), (2004)

In the celebrated book titled Constitutional and Legal System of Tanzania

constitution is defined as a law found in one or more documents which

constitutes state power and defines the relationship between major organs of

the state and between the state and the citizen.21 The modern philosophy of

constitution sees constitution as a product of consensus among the people.

Constitutions are not simply neutral legal documents containing basic rules;

they are also political documents reflecting the state and balance of political

and economic forces in a society.22

John Alder (2005)

According to J. Alder, a constitution provides a framework of rules that creates

the structure and functions of a human organisation. Any organisation might

have a constitution, although an organisation that depends on close personal

bonds such as family is unlikely to do so. At large the organisation of a country

comprising millions of people with few common purposes is capable of giving

shape to a country constitution.23 Constitutional law is concerned with conflicts

both between different groups struggling for power and between those in

power and individuals.24

Ese Malemi (2006)

Malemi argues that, a constitution is the legal contract between the people and

the government containing legal rights which have force of law and are

21
See, Issa G. Shivji, Hamudi. M (et al), (2004), Constitutional and Legal System of Tanzania,
22
Ibidem at p 37
23
See, John Alder (2005), Constitutional and Administrative Law 5th edition at p 3-4
24
Ibidem

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 enforceable. A constitution is also a social contract, or political contract

containing both terms which are enforceable and terms which are not

enforceable. Thus a constitution is a legal contract having validity and force of

law and it is binding on all persons and authorities in the country. 25

A.W Bradley and KD Ewing (2007)

A. Bradley and KD Ewing contends that, the starting point of studying

constitutional law should ideally be the same starting point of studying political

philosophy or the role of law and government in society. How is individual

freedom to be reconciled with claims of social justice? Is society founded upon

reciprocal network of rights and duties or is the individual merely a pawn in the

hands of state power?26

These fundamental questions are often not pursued explicitly in the study of

constitutional law. In fact, constitutional law concerns the relationship between

the individual and the state, seen from a particular view point, namely the

notion of law. As a historian stated; it is inherent in the special character of law,

as a body of rules and procedures, that it shall apply logical criteria with

reference to standards of universality and equity.27 Law is not a merely a matter

of the rules which govern relations between private individuals (for example

between employer and employee or landlord and tenant). Law also concerns the

structure and powers of the state.

25
See, E. Malemi (2006), The Nigerian Constitutional Law
26
See, AW. Bradley & KD Ewing, Constitutional and Administrative Law 15 th edition p 3
27
Ibidem

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The constitutional lawyer is always likely to insist that the relations between the

individual and the state should be founded upon and governed by

constitutional law. There is no hard and fast definition of constitutional law.

According to one wide definition constitutional law is that part of national law

which governs the system of public administration and the relationship between

individuals and the state.28 Constitutional law presupposes the existence of the

state and includes those laws which regulate the structure and functions of the

principal organs of government and their relationship to one another and to the

citizen.29 Where there is a written constitution, emphasis is placed on the rules

which it contains and the way in which they have been interpreted by the

highest court with constitutional jurisdiction.30

M. Allen & B. Thomson (2008)

The two scholars argues that, a constitution is not the act of a government, but

of a people constituting a government, and a government without constitution

is power without right, a constitution is a thing antecedent to the government;

and a government is only the creature of a constitution.31

The Constitution ensures that the governing institutions (Parliament, Executive

and Legislature) originate from constitutional legitimacy and so govern with the

consent of the people, in other words by agreeing to endorse the constitution,

the people confer legitimacy on it and institutions created under it. 32

28
Ibidem
29
See, A.W. Bradley & K D Ewing, Constitutional & Administrative Law 15th edition at p 9
30
Ibidem
31
See, M. Allen & B. Thomson, Cases and Materials on Constitutional & Administrative Law 9th edn
32
See, M. Ryan, Unlocking Constitutional and Administrative Law 2nd edition 2010 at p 11

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 Ernest A. Young (2008)

According to professor E.A Young, constitutional law suffers from a disconnect

between the what constitution does and how the constitution is defined. It is a

commonplace to think a “constitution” as serving a number of different

functions; it “constitutes” the government by establishing government

institutions, conferring powers upon them and setting the boundaries of their

jurisdiction. It confers rights on individual against government action and it

entrenches these institutions and rights against legal change.33

The British have constitution but it does not generally entrenched. It lack a

distinctive, formal procedure for entrenching constitutional norms, the British

define their constitution by reference to the constitutive and rights conferring

functions; the statutes and practices constituting institutions and conferring

rights on individuals are considered to be part of the constitution despite the

absence of any formal distinction between such norms and ordinary law. 34

Judiciary Perspectives

The judiciary (Courts of law) being entrusted with the command to interpret the

laws in different occasions and in different jurisdictions have advanced

proactive meaning of constitution including the functions of the constitution

and the constitutive parts of the constitutions as evidenced in the following

model case laws within Africa and beyond.

33
See, E. A. Young, ‘The Constitutive and Entrenchment Function of the Constitutions: A Research
Agenda, Journal of Constitutional Law Vol 10.2, January 2008.
34
Ibidem

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Attorney General vs. Dow BLR35

In this case, Amissah JP argues that, a written constitution is the legislation or

compact which establishes the state itself. It paints in broad strokes on a large

canvas the institutions of that state, allocating powers, defining the relationship

between such institutions and between the institutions and the people

themselves.

A constitution often provide for the protection of the rights and freedoms of

the people, which rights and freedoms have thus to be respected in all further

state action. The existence and powers of the institution of state, therefore,

depend on it terms. The rights and freedoms where given by it, also depend on

it. No institution can claim to be above the Constitution, no person can make

any such claim.

S vs. Acheson 1991 (2) SA 805 (NmHC)36

Mahomed AJ contends that, the Constitution of a nation is not simply a statue

which mechanically defines the structures of government and relationship

between the government and the governed. It is a mirror reflecting the national

soul; the identification of ideals and the aspirations of a nation; the articulation

of the values bonding its people and disciplining its government. The spirit and

the tenor of the constitution must, therefore, preside and permeate the process

of judicial interpretation and judicial adjudication.

35
See, Kamanako and Another vs. Attorney –General and Another (2002) AHRLR 35 (BwHC 2001)
36
See, Gwebu and Another vs. Rex (2002) AHRLR 229 (SwCA 2002)

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 State vs. T. Makwanyane 1995 (3) SA 391 (CC)

The Constitutional Court of the Republic of South Africa in this case underlines

that, a Constitution is not ordinary statute. It is the source of legislative and

executive authority. It determines how the country is to be governed and how

legislation is to be enacted. It defines the powers of the different organs of

state, including Parliament, the executive and the court, as well as the

fundamental rights of every person which must be respected in exercising such

powers.

Tuffuror vs. Attorney-General [1980] GLR 637 at 647-8

The Supreme Court of Ghana made a purposive definition of constitution in the

following manner; the constitution has its letter of the law. Equally, the

constitution has its spirit. It is the fountain-head for the authority which each of

the three arms of government possesses and exercises. It is the source of

strength. It is a source of power. The executive, the legislature and the judiciary

are created by the constitution. Their authority is derived from the constitution.

Their sustenance is derived from the constitution.

Dow vs. Attorney General [1992] LRC 623 at 668

Aguda J.A in the Court of Appeal of Botswana argues that, the constitution is

the supreme law of the land and it is meant to serve not only this generation

but also generations yet unborn. It can not be allowed to be a lifeless museum

piece; on the other hand the Courts must continue to breathe life into it from

time to time as the occasion may arise to ensure the health growth and

development of the state.

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House of Lords Constitution Committee (2001)

The working definition for the House of Lords Selected Committee on reviewing

the Constitution is to the effect that, constitution is the set of laws, rules and

practices that create the basic institutions of the state and its component and

related parts, and stipulate the powers of those institutions and relationship

between the different institutions and between those institutions and

individual.37

The Debate in Defining Written and Unwritten Constitution

It is acknowledged fact that, there is no definite definition of constitution; the

approaches in defining constitution are not uniform, the definitions are highly

based on social economic and political environment surrounding a given state

jurisdiction. The focus in defining written constitution takes a different route

from unwritten constitution and yet there still an ongoing debate on the

absolute definition of constitution basing on written and unwritten constitution.

Professor Ernest Young underlines that, although British Constitution is

frequently described as ‘unwritten’, that is misnomer. Most of the legal

materials that make up the British Constitution are written down somewhere in

Magna Carta, the Parliaments Act in Human Rights and Devolution Acts and et

cetera. What the British lack is a codified or canonical constitution- a single

document that purports to collect their constitutive commitments in one

place.38

37
See, M. Ryan, Unlocking Constitutional and Administrative Law 2nd edition 2010
38
See E.A Young, supra at note 19

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 ‘Written’ constitution is said to be contained in a single document, the main

constitutional principles governing the state are embodied in a solitary

document. Since the French Revolution 1789 almost every nation has adopted

a written constitution sometimes as a reaction against a hated previous regime

and sometimes to mark a new event such as independence from colonial

status.39

Principally, a written constitution can not be self-contained, self applying and

comprehensive. As in a case of any organisation, unwritten standards, rules and

practices are used to fill gaps in the written documents, to adjust to new

circumstances and provide background to interpret the document. 40

More importantly, the substantive content of a constitution can be the same

whether or not it is written the major problem is without an authoritative

solitary written constitution document we might reasonably disagree as to what

counts as constitutional right or constitutional legislation.41 This problem has

been safeguarded by professor Dicey, who argues that, a written constitution

can be torn up as a whole whereas unwritten constitution of United Kingdom is

embodied in numerous structures of the laws which can not easily be tattered

up at once.42

The Basic Features in Defining Constitution

Constitution is the source of power to constitute a legal framework of the

Government; it describes sovereignty of the people and peoples powers to

39
See, John Alder (2005), Constitutional and Administrative Law 5th edition at p 5
40
Ibidem at p 6
41
Ibidem at p 7
42
Ibidem at p 6-7

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choose those to run the Government. The executive, legislature and the

judiciary are created by the constitution; their authority is derived from the

constitution. Constitution proceed from nothing but rather the will of the

people to be governed, it is the exercise of the sovereignty of the people. It is

the superlative law of the land, not the Government neither an individual can

claim to be superior to the constitution.

The context of the constitution should not be limited to legal document

regulating the affairs of the state. At large constitution provides a framework of

rules that creates structure and functions of human organization not

necessarily a state. Constitution is the corner stone to define the powers and

composition of the organs of the state and inter connect the Government daily

activities with the people.

Constitution is the social contract between the rulers and the ruled, the ruled

agreeing to be ruled subject to the extent that is provided in the constitution.

Conversely, this aspect of a constitution being a contract have been challenged

by professor Issa G. Shivji who argues that, the fact that constitution is a

contract between the rulers and the ruled is not correct either historically or

legally, for there is no evidence that the rulers and the ruled sit together and

negotiate a contract called constitution.43 Nonetheless, constitution being a

social contract it does not follow the legal procedures and accurate

requirements of the Law of Contract, and of course there is a different between

legal contract under the Law of Contract Act and social contract. The former is

regulated by the Act of the parliament and the latter constitutes social,

43
See, Issa G. Shivji, Hamudi. M (et al), (2004), Constitutional and Legal System of Tanzania, p 37

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 economic, political and legal norms that the people propose to be undertaken

by the State and configured in the document called constitution. Without shred

of doubt, both the legal scholars statute the judiciary complement each other in

safeguarding the importance of the constitution and the main theme of both

scholars and the judiciary is based on the supremacy of the constitution and

the perpetual operation of the constitution in governing the affairs of the

States.

The constitution is not an exclusive document of the rulers; it is the product of

the ruled to be implemented by the rulers on the wishes and the needs of the

ruled. It has to be known and be available in the hands of both rulers and the

ruled as it is through this document where the principles of political

accountability, equality, fair administration of justice and transparency can be

achieved.

Functions of the Constitution

Constitution ensures fair, equal and impartial excise of powers, it enables an

orderly and peacefully society, protects the rights of individuals and the

community at large. It promotes the proper management of resources and

development of the economy; constitutionalism empowers legitimate

authorities to act for the public good in the management of common concern

while protecting people against the arbitrary power of rulers whose powers

would otherwise be used for their own benefit and no for the public interest. 44

44
See, what is a constitution? principles and concepts; International IDEA, August, 2014

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The constitution defines the boundaries and the political community. These

boundaries can be territorial (geographical borders of the state as well as its

claims to any other territory or extra territorial rights) and personal including

the definition of citizenship. Country constitution distinguishes between those

who are inside and those who are outside the polity. 45

Constitution provides fundamental rules of accountability, transparency,

transfer of political power and the interrelations between the rulers and the

ruled. It is the constitution which enables the legislature to enact laws and

other institutions to make laws,46 at large the constitution ensures the ruling

government does not own the state but rather managing the state under the

authority of other laws and on behalf of the citizens. Sovereignty resides from

the people, particularly in Tanzania Constitution Article 8 emphasises, and it is

from the people where the government derives powers.

Furthermore, Constitution is the prime emblem of the State, it defines the state

beyond its own territory and the state can easily be documented in the

international sphere through its own constitution. In alternate, all other small

organizations within the state can easily be identified and registered by the

Government through a well designed constitution. Constitution is the primary

document for the existence of the State or any other legal association within

the State. Constitution establish and regulate the political institutions of the

community, defining the various institutions of the government, prescribing

their composition, powers and functions and regulate the inter relations

between them.

45
See, what is a constitution? principles and concepts; International IDEA, August, 2014
46
See, Articles 63(3), 64 and Article 97(5) of the Constitution of the United Republic of Tanzania, 1977 as amended

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 It is almost universal for the constitution to establish legislative, executive and

judicial branches of Government.47 All these institutional provisions provide

mechanism for democratic allocation and peaceful transfer of powers through

elections and mechanism of restraint and removal of those who abuse powers.

Within the stable democracy, constitutional law reflects the value that people

attach to orderly human relations, to individuals freedom under the law and to

institutions such as Parliament, political parties, freedom of elections and free

press. Constitution describe the legal character of the State, secular or non

secular State, socialism or capitalism State, democratic or non democratic state

and either dualism or monism State.48

Constitution is a political instrument which prescribes a state decision making

framework, it identifies supreme and subordinate powers in a way that leads to

effective decisions. As an instrument it further describe how the arms of the

state (legislature, executive and judiciary), head of the State, local government

authorities legally operates.49

Furthermore, constitution is platform to declare the rights and duties of the

citizens. Most constitutions underline for basic rights and freedoms, including

but not limited to freedom of assembly, freedom of speech, rule of law, and

many other social economic and cultural rights. By and large, constitution is

the superlative source of law, in a given legal system; constitution is the highest

source of law not only in the United Republic of Tanzania but also in many

other African legal jurisdictions.

47
See, Article 4(1)-(4) of the Constitution of the United Republic of Tanzania, 1977 as amended 2005
48
See, Article 3(1)&(2) of the Constitution of the United Republic of Tanzania, 1977 as amended
49
See, what is a constitution? principles and concepts; International IDEA, August, 2014

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At large, the constitution set the general principles which are further enacted

for by either principal or subsidiary legislation within the State. All other

principal and subsidiary legislation (laws enacted by the Parliament) and

subsidiary legislation (rules, regulations, by-laws and court rules),50 are subject

to the constitution as the supreme legal document of the democratic land. 51

Tutorial Question

Define Constitution by using the inspiration from at least ten vibrant Articles of
the Constitution of the United Republic of Tanzania, 1977 as amended time to
time.

DISCLAIMER;
This document is still under construction, the author is working on further Research to
accomplish an official publication. However, it can only be used as reference Training Material
for SAUT-LLB I, 2016/2017

50
See, Section 4 of the Interpretation of Laws Act [ CAP 1 R.E 2002 ]
51
See, Article 64(5) of the Constitution of the United Republic of Tanzania

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 FURTHER READINGS

Peter C.M (1997), Human Rights in Tanzania, Selected Cases and Materials

John Alder (2005), Constitutional and Administrative Law 5th edition

M. Allen & B. Thomson, Cases and Materials on Constitutional & Administrative Law 9th
edn

C.M. Peter, Constitutional Making in Tanzania; The Role of the People in Process,
Faculty of law University of Dar es Salaam, August 2000

M. Ryan, Unlocking Constitutional and Administrative Law 2nd edition 2010 at p 11

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DISCLAIMER;
This document is still under construction, the author is working on further Research to
accomplish an official publication. However, it can only be used as reference Training Material
for SAUT-LLB I, 2016/2017

Public Lawyer Companion

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