The Paradox of the Legislative Drafting Process in Tanzania
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Date
2019
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Oxford University Press
Abstract
This article provides a critical analysis of the procedure for drafting laws provided for
under the legal framework of Tanzania. It is premised on the general perception that the
law-making function in Tanzania, like other jurisdictions in the Commonwealth, is vested
in Parliament, through the doctrine of supremacy of Parliament. The analysis focuses on
the Standing Orders of the Parliament of the United Republic. The Orders provide for
the main legal regulatory regime governing the conduct of business in the august House,
including the drafting of legislation. In the process, the article brings to the fore other
salient features of the provisions of the Standing Orders, previously unknown to many.
The article’s focus is on Tanzania Mainland. It does not address the legislative drafting
process in Zanzibar, the other part of the Union. Under the framework of Constitution of
the United Republic of Tanzania of 1977, Zanzibar has a separate and distinct regime governing legislative drafting. The main conclusions drawn from the analysis point out that
contrary to popular belief, in practice, the overall framework law governing the legislative
drafting process and its underlying policy vests the power of law making almost entirely
in the Executive and not the Parliament.
Description
Keywords
Legislative Drafting, Parliament, Tanzania
Citation
Statute Law Review,Volume 40, Issue 3, October 2019, Pages 325–337