Explain how Constitution is regarded as the source of Law in Tanzania.

Explain how Constitution is regarded as the source of Law in Tanzania.

INTRODUCTION

Each country’s legal system has its own sources of law, but it is clearly known by many states that, constitution is a powerful source of law comparing to other sources. A country's Constitution set fundamental rules and principles setting out the powers of the different organs of the state (executive, legislature and judiciary) and how these entities operate and interrelate. The Constitution may also provide on basic principles, such as fundamental freedoms and rights. In Civil Law systems these rules are usually embodied in "Codes".

Very few countries have written constitution where they can easily access actual provisions of the constitution. But in many countries they have unwritten constitutions established by long-standing tradition. A Constitution overrides any other source of law , and any law or provision against articles of the constitution is void.

HOW CONSTITUTION IS REGARDED AS SOURCE OF LAW IN TANZANIA

Constitution is regarded as source of law in Tanzania because it set fundamental rules and principles setting out the powers of the different organs of the state;

The control of executive of Tanzania is contained in Article 33 to 66 of our constitution , where a president is a top officer to the executive or head of government, head of state and commander in chief of the armed forces. Also Article 35 of the same constitution provide how a government will dis-charge its business in accordance to this constitution and other laws of the state subordinate to constitution. Constitution provides core principles in how executive function in Tanzania.

The parliament of Tanzania is contained between Article 62 to 101 of our constitution, the articles in general establish parliament divided into two (president and national assembly), powers and duties of legislature, appointment of speaker and his authority, type of members of parliament, life of parliament, qualification for members of parliament, oath of members of parliament, tenure of offices of members of parliament and so much more which we can call, directives.

Article 107A to 113A provides on judiciary of Tanzania, generally, the articles provide that, judiciary will be final organ in dispensing justice and will be independent in making decisions without being interfered. Also, our constitution provides rules on dealing with judge’s remuneration and their offices.

CONCLUSION

Constitution is a basic law where all other laws must conform to its provisions, any law which contravene constitution is void. Constitution composed of rules and principles which govern all important matters of the state, it provides on structure, roadmap and functions of government, judiciary and parliament, constitution is a law and not a mere form of directives as most of us think.

REFERENCE

BOOKS

Othman H. et. Al. Tanzania: Democracy in Transition. Dar es salaam University Press, 1990

Sherrif, A and Ferguson, E. (Eds) Zanzibar Under Colonial Rule, London, 1991.

STATUTES

Constitution of United Republic of Tanzania of 1977, Cap 2 as amended

ONLINE SOURCE

http://www.businessdictionary.com/definition/abuse-of-power.html 

https://www.britannica.com/topic/constitutional-law

http://www.corteidh.or.cr/tablas/28386.pdf