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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The directive principles of State policy versus duties of the individual in East African constitutions
Author:Kabudi, Palamagamba JohnISNI
Year:1995
Periodical:Verfassung und Recht in Übersee
Volume:28
Issue:3
Pages:272-303
Language:English
Geographic term:Tanzania
Subjects:nationality
human rights
Abstract:In East Africa, only the two constitutions of Tanzania, i.e. the Constitution of the United Republic of Tanzania 1977 and the Constitution of the Revolutionary Government of Zanzibar 1984, have provisions on the fundamental objectives and directive principles of State policy and the duties of the individual towards the State and the community. This article shows how the Tanzanian courts have applied the clause relating to the fundamental objectives and directive principles of State policy, which obliges the State to comply fully with the provisions of the Universal Declaration of Human Rights in its interpretation of the bill of rights. This has resulted in a progressive development of human rights jurisprudence in Tanzania in matters relating to the prohibition of discrimination of women and the protection of the rights of the child. At the same time, the article shows how the provisions on the duties of the individual towards the State and the community, if not strictly interpreted, may lead to the erosion of those rights already guaranteed in the bill of rights. Notes, ref., sum. (p. 269).
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