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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Enforcement of fundamental rights and freedoms: the case of Tanzania
Author:Peter, Chris MainaISNI
Year:1995
Periodical:African Yearbook of International Law
Volume:3
Pages:81-98
Language:English
Geographic term:Tanzania
Subject:rule of law
Abstract:Provision of fundamental rights and freedoms in Tanzania has been less than absolute. At independence in 1961, one of the reasons for rejecting the adoption of a Bill of Rights was the need to bring about rapid development. The result was that fundamental rights and freedoms were denied. Neither the interim Constitution of 1965 nor the Constitution of 1977 contained a Bill of Rights. In 1984 the party and its government eventually accepted the incorporation of a Bill of Rights in the Constitution. However, a number of hindrances to the realization of the rights and freedoms enumerated therein remained. The judiciary, which was empowered to handle cases relating to the Bill of Rights, came to the rescue and declared several laws which were challenged before the courts unconstitutional. The government countered with legislative measures, notably the law of 1994 on the enforcement of the Bill of Rights, which, while purporting to provide the basic procedure to be complied with in the enforcement of basic rights and duties, actually seeks to restrict access to the courts by the individuals whose rights have been infringed. Notes, ref.
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