saed kubena vs attorney general 2014 tzhc 2339 7 october 2014

saed kubena vs attorney general 2014 tzhc 2339 7 october 2014

The Constituent Assembly has the power to write and pass the Proposed Constitution, using the Draft Constitution as a basis for deliberations, but is not bound by its contents except to the extent that any amendments must not contravene the national values and ethos set out in section 9(2) of the Constitutional Review Act. The court has no mandate to determine the nature and extent of amendments made by the Constituent Assembly unless they violate those national values and ethos.

Citation
saed kubena vs attorney general 2014 tzhc 2339 7 october 2014
Parties
Petitioner: Saed Kubenea; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
7 October 2014
Procedural Posture
Miscellaneous Civil Cause / Judgment on Constitutional Petition
Outcome
Petition dismissed
Legal Topics
Interpretation of Statutes, Constitution Making Process, Powers of Constituent Assembly, Judicial Review, Separation of Powers
Source Language
English
Constitutional Law Administrative Law Interpretation of Statutes Constitution Making Process Powers of Constituent Assembly Judicial Review Separation of Powers

Case Brief

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Parties

Saed Kubenea

Petitioner

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Judgment on Constitutional Petition

Legal Issues

  1. 1 Proper interpretation of section 25 (1) and (2) of the Constitutional Review Act
  2. 2 Whether the Constituent Assembly has powers to materially alter the contents of the Draft Constitution as presented by the Constitutional Review Commission, and to what extent

Ratio Decidendi

The Constituent Assembly has the power to write and pass the Proposed Constitution, using the Draft Constitution as a basis for deliberations, but is not bound by its contents except to the extent that any amendments must not contravene the national values and ethos set out in section 9(2) of the Constitutional Review Act. The court has no mandate to determine the nature and extent of amendments made by the Constituent Assembly unless they violate those national values and ethos.

Court Disposition

Petition dismissed

Orders

  • No order as to costs