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This work of a dissertation examines on the Comparative Analysis of the Two Bills of Rights,
the 1977 Constitution and the Second Draft Constitution of the United Republic of
Tanzania. It certainly dwelt in analytically comparing the two Bills of Rights on their strength
and weakness they have. In undertaking this study the close scrutiny was to find out how the
Right to Life in both Bills Of Rights has been provided (protected, respected and promoted). But
on the other side was to find out in both Bills of Rights which rights have the nexus with the
Right to Life in the sense that it is through these rights where the right to life gets its existence,
the look will be on how these rights have been embedded in both Constitutions.
The study has found that the right to life in the 1977 Constitution has no Constitutional legal
protection from the State but it is the citizens who are placed with the duty to protect it. But
again there are few rights which are in support of the Right to Life and some of them like the
right to education is not enforceable before the courts of law.
But again the 1977 Constitution is overwhelmed by claw-back clauses with no remedies which
someone aggrieved with any human rights violations can apply for. But above all, the High
Court has been barred with jurisdiction to declare any law, government action or any act of an
authority unconstitutional, rather the said law or action will continue being lawful till rectified by
the Government.
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On the side of Second Draft Constitution, the Draft has been crafted in manner that imposes duty
and obligation to both the State and the citizens for protection. But there are a number of new
rights with limited claw-back clauses, this include the right to education which can now be
enforced before the courts law as other rights can be. Inline to that, remedies for human rights
violations have now been embedded in the Draft allowing for an individual to claim before the
courts of law.
The Second Draft Constitution has again tried to encompass all three generations of human
rights, making it in its totality, to have a wide range of section of human rights and therefore
ultimately, citizens are confident with it since it has tried to accord their will and aspirations
unlike to the operative Bill of Rights.
However, the main critic to both Bills of Rights remains to be the persistence of death penalty
despite the myriad of strong reasons and pressures from human rights campaigners on stoppage
of it.
Finally, are the conclusion and recommendations based on obtained findings of the undertaken
dissertation. |
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