Limitations on Parliamentary Powers to Amend the Constitution in Tanzania

Abstract

The Court of Appeal of Tanzania in A.G v. Rev. Christopher Mtikila 3 held that the parliament has no substantive limitations whatsoever to amend the constitution in Tanzania. This decision brought confusion on sanctity and solemnity of the constitution and hence a need for critical consideration of the powers and limits of parliament to amend the constitution. Against the backdrop of article 98 of the Constitution of Tanzania, this article examines the powers and limits of parliament to amend the constitution. The article argues that the amending power of parliament is limited by the principles of constitutionalism,
constitutional supremacy, the basic structure tenets, sovereignty of the people and a third majority approval.