The application and effectiveness of the doctrine of checks and balances in Tanzania
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Date
2015
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Publisher
Unversity of Dar es Salaam
Abstract
This thesis analyses whether or not the doctrine of checks and balances has been and can be effectively applied by the tripartite co-equal organs of state in Tanzania inter se (that is, the Legislature, the Executive and the Judiciary) to prevent abuses or excesses in the exercise of state power, without violating the principle of separation of powers. The qualitative approach was adopted in analysing the data collected from documentary reviews, interviews, observations and the internet. Generally, the thesis has established that despite its ineffectiveness in some instances, the doctrine of checks and balances has been and can be effectively applied to prevent abuses or excesses in the exercise of state power among the three organs of state in Tanzania without violating the principle of separation of powers. Specifically, the thesis has established the following. First, that although there have been instances of effectiveness in the application of the doctrine of checks and balances in Tanzania, there have also been instances where the doctrine has not been effectively applied due to the failure of the organs of state to grasp the extent and limits of their respective ancillary and core powers, and sometimes due to their failure to grasp fully the need to respect the doctrine when checking one another. Second, that all organs of state are equal and none is superior to the other. Thus, where all tripartite organs of state fail to resolve a particular issue, then that issue can only be resolved by the sovereign power of the people in a referendum; the people being the highest nation’s authority. At the end, the study recommends on how to enhance the principle of separation of powers and its intended doctrine of checks and balances in Tanzania.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF JF229.T34K35)
Keywords
Separation of power, Tanzania
Citation
Kamanija, L. C. (2015) The application and effectiveness of the doctrine of checks and balances in Tanzania, Master dissertation, University of Dar es Salaam, Dar es Salaam