The applicability of the doctrine of separation of powers in Rwanda in the light of the east African community treaty (1999)
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Date
2013
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University of Dar es Salaam
Abstract
This study examined the applicability of the doctrine of separation of powers in Rwanda in the light of the East African Community Treaty (1999). It examined the challenges underlying the applicability of the doctrine of separation of powers as well as the relevance of the East African Community Treaty (1999) in re-inforcing the doctrine of separation of powers in Rwanda. The sources of data included the documentary review and field research. The study showed that the legislature to some extent supervises some actions of the government through summoning Ministers to explain unclear issues. However, the executive organ influences the legislature and the Judiciary and this influence stems from the Constitutional flaws and legal gaps in the Constitution. Amidst such failure of the doctrine, the East African Community has done a great role through the rulings of the EACJ which continue fostering separation of powers in Rwanda. The study is divided into five Chapters. Chapter One presents a general introduction and the theoretical background of the topic. Chapter Two presents the views of other writers on the underlying factors that affect the effectiveness of the doctrine of separation of powers. Chapter Three examines in detail the reality of the doctrine in Rwanda. Chapter Four compares the practice in Rwanda with other selected jurisdictions and Chapter Five presents is a conclusion and the findings as well as the recommendations. Chapter Five recommends that the Constitution which vests absolute powers on the executive organ (Presidency) be amended and the legislature be more empowered to check the arbitrary powers of the executive organ. This can be achieved by removing the Constitutional flaws or changing the governance to Parliamentarysystem
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Available in print copy
Keywords
separation of powers, Rwanda, east African community treaty, 1999
Citation
Kiiza, A.(2013). The applicability of the doctrine of separation of powers in Rwanda in the light of the east African community treaty (1999). Master dissertation, University of Dar es Salaam, Available at (http://41.86.178.3/internetserver3.1.2/search.aspx?formtype=advanced)