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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Civil and political rights in Tanzania: the Bill of Rights of 1985
Author:Peter, Chris MainaISNI
Year:1995
Periodical:The African Review: A Journal of African Politics, Development and International Affairs (ISSN 0856-0056)
Volume:22
Issue:1-2
Pages:45-72
Language:English
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
Subjects:rule of law
law
human rights
Tanzania. Bill of rights (1985)
constitutional law
Political rights
Abstract:A Bill of Rights was incorporated into the Constitution of the United Republic of Tanzania of 1977 in 1984 following the fifth constitutional amendment. The government suspended the justiciability of the basic rights for a period of three years, allegedly to allow it time to review the accumulation of oppressive legislation on the statute books. After three years, not a single piece of legislation had been repealed or amended. The government then chose to allow the constitutional provisions on basic rights to come into effect, thereby shifting the burden to the judiciary. The courts have taken the challenge seriously and have not hesitated to declare offending legislation unconstitutional and thus null and void. Cases which have been decided by the High Court and the Court of Appeal cover such diverse subject matters as internal deportation, bail, gender equality, 'sungusungu', the right to work, freedom of peaceful assembly and the right to sue the government. At the same time, the adoption of the Bill of Rights has had little effect on the behaviour of the State and its various organs, which continue completely to disregard such fundamental individual rights and freedoms as the right to strike, freedom of the press and freedom of movement, and to violate the rules of natural justice. Bibliogr., notes, ref.
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