| Abstract: | This paper discusses the jurisprudence of limitation clauses with particular reference to the 1984 Bill of Rights in Tanzania, comparing the limitation clauses in the Tanzanian Bill of Rights with those in other jurisdictions, including international covenants on human rights. The role of the courts is crucial, since it is on their interpretation of the Bill of Rights and the limitation clauses that the protection of fundamental rights and freedoms in Tanzania will depend. The author suggests that the scope of the rights and freedoms guaranteed by the Bill of Rights should be construed in conformity with international conventions. Moreover, the onus of proving that an infringement of a constitutional right or freedom is covered by the limitation clauses should be on the government. This will give litigants a fairer chance in contesting enactments and government actions which may be inconsistent with the Bill of Rights. App., notes, ref. |
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