Matenge abstract this paper interrogates the theory and practice of parliamentary supremacy in tanzania. The constitution of the united republic of tanzania of 1977 wipo. Party supremacy was officially entrenched into the constitution of the country in. The supremacy of parties over candidates through the requirement of party. Parliamentary supremacy versus judicial supremacy how can. Particularly, the leading cases such as the factortame and the hirst case are scrutinised.
This paper interrogates the theory and practice of parliamentary supremacy in tanzania. It is also called legislative supremacy because thelegislature is not a body created by the constitution neither the powerof the legislature is limited by the constitution. However, in tanzania, relations between parliament and the judiciary have traditionally been dominated by the principle that parliament is the supreme law. Mandate functions vision and mission structure office of the clerk administration history compositon. Parliamentary sovereignty is a concept in the constitutional law of some parliamentary. Parliamentary supremacy means that parliament is supreme over theconstitution. The current tanzanian national assembly is a unicameral body which performs functions of representation of the society in all its diversities, lawmaking and. Acts bills hansards order papers resolutions proceedings ministers statement members private motion subsidiary legislation. Parliamentary sovereignty also called parliamentary supremacy or legislative supremacy is a concept in the constitutional law of some parliamentary democracies. Pdf parliamentary supremacy in tanzania ibrahim majura.
We examine the assertion that, on becoming independent, tanzania inherited the doctrine of parliamentary supremacy enshrined in the westminster model. It also holds that the legislative body may change or repeal any previous. The principle of parliamentary supremacy in the uk. Journal of education, humanities and sciences, volume 1, no. There are people in parliament who subscribe to the principle of parliamentary supremacy and pretentiously assume the judicial.
Chris maina peter the open university of tanzania repository. The constitution of the united republic of tanzania, 1977 cap. Using a historical approach, the paper analyzes the relationship between the legislature and the executive. Legislature exercises anunlimited and supreme power in law making. The tanzania constitution makes provision for constitutional supremacy. Dicey also says that the principle of parliamentary supremacy can be looked at from both its positive and negative side. The independence constitution of 1961 which provided for elected government, parliamentary supremacy, competitive multiparty politics and liberal democratic principles and judicial independence. After six months, if parliament has not extended the operation of the. Parliamentary supremacy in tanzania 2018 majura ibrahim w ll. In terms of the traditional view of this doctrine, parliament. A parliament can make laws on anything, here the legislature has unlimited authority to enact, amend and repeal laws concerning any matter within the territory of the said parliament. Also, erroneousl y, tanzanias system of government is sometimes considered parliamentary system or french model of semipresidential or bicephalous executive system because of the office of.