About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

4 Afr. J. Int'l & Comp. L. 131 (1992)
Five Years of the Bill of Rights in Tanzania: Drawing a Balance-Sheet

handle is hein.journals/afjincol4 and id is 143 raw text is: FIVE YEARS OF THE BILL OF RIGHTS
IN TANZANIA: DRAWING A BALANCE-SHEET t
CHRIS MAINA PETER*
The incorporation of a Bill of Rights into Tanzania's
Constitution since 1985 has stimulated a tide of
judicial activism that already promises brighter
moments in the future.
Lugakingira, J.1
I. INTRODUCTION
The Bill of Rights was incorporated into the Constitution of the United
Republic of Tanzania of 1977 in 1984 following the Fifth Amendment of the
Constitution2. These changes came into operation in March 1985.3
The inclusion of the Bill of Rights into the Constitution was basically
against the will of the State. The National Executive Committee (NEC)of the
ruling Party Chama Cha Mapinduzi (CCM)had already prepared a package of
amendments to the Constitution. The Package was tight and specific. The
people were therefore confronted with afait accompli without having been given
*Senior Lecturer in Law, Faculty of Law, University of Dar es Salaam, Tanzania; Advocate of
the High Court of Tanzania.
tA paper presented at the Conference on Constitutionalism and Human Rights Law in Africa,
organised by the African Society of International and Comparative Law and held between 2nd -
5th April, 1991 in Arusha, Tanzania. The author would like to thank Dr. Nicholas Nditi, Senior
Lecturer in Law, Faculty of Law, University of Dar es Salaam, for meticulously going through
the paper in draft form, making corrections and suggesting a variety of changes both of form
and content.
'See Lugakingira, K.S.K., Personal Liberty and Judicial Attitude : The Tanzanian Case,
Vol.17, No.1, Eastern African Law Review, 1990, p.107 (forthcoming).
2See Fifth Amendment of the State Constitution of 1984 (Act No. 15 of 1984).
3The exception was the justiciability of the provisions of the basic rights in the courts of law
which was suspended for a period of three years as per the Constitution (Consequential,
Transitional and Temporary Provisions) Act, 1984 (Act No.16 of 1984).
4 RADIC (1992)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most