Sub-Topic 2
THE CONSTITUTION
By: Apila @ 2018
Meaning of Constitution
The constitution is the system of laws
and basic principles that a country or
organization is governed by.
Or
Meaning of Constitution
The constitution is a written
document, which establishes the
fundamental rules and principles by
which an organization is governed.
Types of Constitution
There are two types of constitutions
namely;-
i. Written constitution
ii. Unwritten constitution.
1. Written Constitution
Written Constitution refers to basic laws
or principles described in a document. It
acts as a standard reference to which
government activities reflect upon it and it
minimizes chances of wrong interpretation
1. Written Constitution
Many countries have adopted this
type of constitution. For example
Tanzania, Kenya, USA etc.
2. Unwritten Constitution
Unwritten Constitution is the type of
constitution in which basic principles are
not written in a single document but they
rely on various document and other
points of references.
2. Unwritten Constitution
A good example is Britain where its
constitution is based on customs,
precedence, statutes, convention,
practices, royal prerogative and the
works of authority. Another example
2. Unwritten Constitution
of unwritten constitution is New
Zealand and Israel constitution.
The National Constitution
The national constitution is the
fundamental law found in one or more
documents which constitutes state power
and define the relationship between
organs of the states and citizens.
The National Constitution
The constitution provides the
framework of the country and creates
the principle organization of the states,
their power and their limitations.
Structure of the 1977 Tanzania National
The structure of the 1977 Tanzania
constitution is divided into ten
chapters and each chapter is divided
into several parts. These chapters are;
Chapter One
Chapter one has three parts. Part one talks about
the united republic, people and territory. Part two
states the fundamental objectives and directive
principles of the state policy and party three
describes the basic rights and duties of citizens.
Chapter Two
This chapter deals with the executive of
the United Republic. It has three parts.
Part one deals with the President, Part
two deals with the Vice President and
Part three deals with Prime Minister.
Chapter Three
This chapter deals with the legislature of
the United Republic of Tanzania, it has
three parts, the one which touches the
Parliament, another is about members,
constituencies and election of members
Chapter Three
and the third part is about procedures,
powers and privileges of the Parliaments.
Chapter Four
This chapter has three parts also. Part one
describes the Revolutionary government
of Zanzibar and the president of Zanzibar.
Part two deals with Zanzibar
revolutionary Council and part three
deals with the
Chapter Four
House of representatives of Zanzibar.
Chapter Five
This chapter deals with the judiciary. The
judiciary refers to the country’s courts
and court officials. It has six parts all
talking about this matter.
Chapter Six
Chapter six has two parts. The first parts
deals with permanent commission of
enquiry and part two describes the public
leaders’ ethics secretariat.
Chapter Seven
This chapter has two parts. Part One
deals with the contribution and allocation
of the revenue at the United Republic of
Tanzania while Part Two is about the
consolidated fund and the conditions for
Chapter Seven
withdraw of money, the expenditure and
other matters concerning union funds.
Chapter Eight
This chapter deals with the establishment
and functions of local government
authorities, such as district and municipal
councils.
Chapter Nine
This chapter gives explanation of the
armed forces and also describes the
power of the commander-in-chief of the
armed forces. The armed forces are made
up of the army, the navy and air force.
Chapter Ten
This chapter has miscellaneous (many)
provisions which include interpretation of
terms in constitution, union matter and
etc.
The Making of the Constitution
Tanzania constitution has undergone
several major changes since 1961 as
follows;-
1. The Independence Constitution of 1961
It was made by the British colonialists.
It was used when Tanganyika got her
independence and when Mwl. Nyerere
was a prime minister.
2. The Republican Constitution of 1962
It was made by the constitution Assembly
when Tanganyika proposing to make the
country a republic. Mwl. Nyerere was
elected to be the first president of the
republic of Tanganyika.
3. The Interim Constitution of the United Republic
of Tanganyika and Zanzibar of 1964
This was the temporary constitution of
the United Republic of Tanganyika and
Zanzibar. It was made by president of
Tanzania after the union of Tanganyika
and Zanzibar.
4. The Interim Constitution of Tanzania of
1965
It was made by the parliament of the United
Republic of Tanzania. This constitution declared
Tanzania a single party state where by TANU of
Tanzania mainland and ASP of Zanzibar were the
only political parties recognized by the
constitution.
5. The Constitution of the United Republic
of Tanzania of 1977.
It was made by constitution Assembly
(BUNGE) when TANU and ASP
united to for Chama Cha Mapinduzi
(CCM).
Constitutional Amendment
Constitutional Amendment is the process
of improving or changing the laws in the
constitution. The 1977 constitution has
the following major amendment;-
Constitutional Amendment
1. The introduction of Bill of right in the
constitution in 1984.
2. Introduction of Multi-party system in 1992.
3. Introduction of the Vice president as the
president running mate in the election
Constitutional Amendment
and the president of Zanzibar as a
member of the Union cabinet in 1995
4. Change in the mode of electing the
president in 2000. These are;-
Constitutional Amendment
(a)
The president to be elected by highest
votes
(b)
The number of seats allocated to women
in parliament was increased to thirty
percent.
Constitutional Amendment
c) The establishment of independence of
the Judiciary and its power on legal
matter.
d) The establishment of human rights and
good governance commission.
Constitutional Amendment
c) The establishment of independence of
the Judiciary and its power on legal
matter.
d) The establishment of human rights and
good governance commission.
Relationship Between the Constitution
and the Government of Tanzania
i. The constitution defines the form of
government to be used in the country
ii. The constitutions establishes the organs
of the state and outlines their powers
Relationship Between the Constitution
and the Government of Tanzania
iii. The government has to be based on
principles of democracy, human
right, social justice and observance
of sovereignty of the state as the
constitution.
Relationship Between the Constitution
and the Government of Tanzania
iv. The constitution state the terms of
the leaders and how they are elected.
v. The elected leaders take an action to
defend the constitution.
Importance of National Constitution
The constitution is very importance to the country
for the following reasons;
[Link] constitution protects the rights of individuals.
[Link] ensures that the government is fair and just to its
citizens.
Importance of National Constitution
3. It describes the form of government
that is used in the country.
4. It defines the limits of the power of
leaders.
Importance of National Constitution
5. It shows how leaders are to be chosen.
6. The Constitution establishes the main
organs of the state. These are the
Executive, the Judiciary and the
Legislature.
Ways of Protecting the Constitution
i. Provision of education to the society,
so as they can understand and protect
the constitution. This may be done by
both government and non-
government organization
Ways of Protecting the Constitution
ii. Mass media, this may be done by
educating people on their rights
and revealing all elements of evils
against the constitution.
Ways of Protecting the Constitution
iii. The court of law, this may protect
the constitution by ensuring that
all people are allowed to enjoy
their rights.
Ways of Protecting the Constitution
iv. Making the constitution as the only
source of laws in the country, so
that no one can make laws which
contradicts the constitution
Ways of Protecting the Constitution
v. Making all people equal before the
law, that is no one is above the law.
vi. All people should respect and
honour the constitution
