A Legal Analysis of Unlimited Exercise of Presidential Authority Under the Constitution of Tanzania.

Yairo, Thomas Elisaria (2025) A Legal Analysis of Unlimited Exercise of Presidential Authority Under the Constitution of Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

Analyzing unregulated Presidential Powers under The Constitution of the United Republic of Tanzania poses challenges regarding executive powers and constitutionalism. The research problem within this study marks increasing concerns regarding the unbounded presidency and its effects on the separation of powers, the defiance of the rule of law, and the republican principles of Tanzania. Notably, the Constitution and the governance of the country stipulates frameworks around the appointment of public officials, the control of the legislature, and the discretionary powers of the presidency without the consideration of the possible public accountability erosion of those frameworks weakening democracy. This study assesses the constitution of the United Republic of Tanzania in relation to the democracy to determine if the legal frameworks on the presidency protects democratic values as is expected in the international constitutions. This study adopts a doctrinal methodology in research. The study and the overall governance of the country are influenced by the Constitution, existing judicial decisions, writings of the legal scholars, and constitutions of other countries. This is to understand the scope of the powers of the presidency and its influence on governance. The Constitution of Tanzania recognizes the democratic powers of the presidency. Overall, the control and accountability of the powers of the presidency are left ungoverned. These ungoverned control and accountability of the presidency are compounded by the control of the legislature and the court. Keywords: Legal Analysis, Unlimited Exercise, Presidential Authority Under Constitution.

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