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.
Source excerpt
- Interpretation of statutes
- Constitution-making process
- Powers of constituent assembly
- Judicial review
- Separation of powers