Legislative drafting process in Tanzania mainland: problems and challenges
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Date
2012
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Publisher
University of Dar es Salaam
Abstract
The concept of legislative drafting process is a developing one and in many jurisdictions faces a number of problems and challenges, despite the need for its accuracy in the drafting of legislation; the process is yet to be clarified in Mainland Tanzania. This study sought to examine the law making process shedding light on the practical criteria for the soundness of the legislative drafting process and the need of these criteria and methods in writing drafting instructions and drafting of bills. The methodology in this research relied mostly on secondary data collected through a review of literary works relating to legislative drafting at both global and national levels. Also a few unstructured interviews were conducted with selected personalities from relevant department dealing with drafting of bills. Thus, this study is based on both primary and secondary data. A number of challenges have been addressed in this study viz; getting the instructions to draft, the need of consultation when preparing the draft bill, the audience, gender-neutral drafting, time constraints and the value of penalties and fines among others. This study also sought to establish that the legislative drafting process in Mainland Tanzania needs to be addressed. Also, the Legislative Drafting Department that deals with drafting of government bills is under staffed and works at very short time frames, there is a need therefore to address this anomaly.
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Keywords
Legislation, Tanzania
Citation
Chuwa, N. P. (2012) Legislative drafting process in Tanzania mainland: problems and challenges, Master dissertation, University of Dar es Salaam. (Available at http://41.86.178.3/internetserver3.1.2/detail.aspx)