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Periodical article Periodical article ASC Leiden catalogue ASC Leiden catalogue WorldCat catalogue WorldCat
Title:Towards separation of powers in a new democracy: Tanzania.
Author:Fimbo, G. Mgongo
Year:1995
Periodical:The African review: a journal of African politics development and international affairs
Volume:22
Issue:1-2
Pages:16-32
Language:English
Geographic term:Tanzania
Subjects:democracy
constitutionalism
Abstract:Taking as his point of departure the advent of multipartyism in Tanzania, the author discusses the operationalization of the concept of the separation of powers in a society attempting to erect democratic institutions. The focus is on legislative and judicial activities as well as political practice since 1 July 1992, when the 8th constitutional amendment (Act No. 4 of 1992) legalizing a multiparty political system came into force. The author first examines the relationship between the executive and the legislature, in particular the dissolution of the National Assembly, its traditional functions (legislation, supervision of government activities, putting questions to the executive) and its new functions (passing a vote of no confidence in the prime minister and the impeachment of the president), before going on to discuss the role of the judiciary. He concludes that the concept of separation of powers is concretized in the Constitution of the United Republic of Tanzania of 1977 as subsequently amended; the Union Constitution pays lip service to the independence of the judiciary in its preamble; constitutional amendments and recent legislation exhibit a tendency to liberate the National Assembly from the tutelage of the executive; and there is a visible progressive tendency in recent legislation to foster the role and independence of the judiciary. Bibliogr.