Abstract
Abstract This article provides a critical analysis of the procedure for drafting laws provided for under the legal framework of Tanzania. It is premised on the general perception that the law making function in Tanzania, like other jurisdictions in the Commonwealth, is vested in Parliament, through the doctrine of supremacy of Parliament. The analysis focuses on the Standing Orders of the Parliament of the United Republic. The Orders provide for the main legal regulatory regime governing the conduct of business in the august House, including the drafting of legislation. In the process, the article brings to the fore other salient features of the provisions of the Standing Orders, previously unknown to many. The article’s focus is on Tanzania Mainland. It does not address the legislative drafting process in Zanzibar, the other part of the Union. Under the framework of Constitution of the United Republic of Tanzania of 1977, Zanzibar has a separate and distinct regime governing legislative drafting. The main conclusions drawn from the analysis point out that contrary to popular belief, in practice, the overall framework law governing the legislative drafting process and its underlying policy vests the power of law making almost entirely in the Executive and not the Parliament.
Published Version
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