PARLIAMENTARY SOVEREIGNTY IN TANZANIA: A COMPARISON WITH ENGLISH PRACTICE

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Published Mar 10, 2022
Omari Issa Ndamungu

Abstract

After the Court of Appeal of Tanzania delivered a judgment in the case of the Honourable Attorney General vs. Rev. Christopher Mtikila, questions have emerged if the doctrine of parliamentary sovereignty exists in Tanzania. Comments arose on the decision because, the Court of Appeal held that the Parliament of Tanzania has unlimited power in law making. That judgment, therefore, had the effect of making the Parliament of Tanzania sovereign in law making process. Now, more than a decade later, the doctrine of parliamentary sovereignty in constitutional law of Tanzania continues to fuel debate among jurists. Critics take it that, the
presence of the written Constitution and the judicial power to invalidate laws enacted by the Parliament limits the presence of doctrine of parliamentary sovereignty in Tanzania. This article
intends to make comparison of the doctrine of parliamentary sovereignty in Diceyan sense
between England and Tanzania.

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Keywords

Parliamentary sovereignty, Parliamentary supremacy, Written Constitution, Unwritten Constitution, Power of the courts

Section
Articles