TOPIC 2: GOVERNMENT
MEANING AND TYPES OF GOVERNMENT
Government refers to a group of people who are responsible for controlling a country or state. The government manages relations between the people and their constitution or organizations.
TYPES
1. Republic
This is a form of government in which a country is governed by a president and other politicians who are elected by the people.
2. Union
A union is a government formed by two or more countries that unite to form a single state. For example the united republic of Tanzania was formed when Tanganyika united with Zanzibar. The United Kingdom is the Union of England, Northern Ireland, Scotland and Wales.
3. Monarchy
A monarchy is a system of government whereby a country is ruled by a king or a queen, who hold their power by inheritance. Monarchies are found in Swaziland, Morocco, , the United kingdom and Netherlands.
There are two types of monarchy. These are;
(a) Absolute monarchy: where a king or queen is the head of state and government. They form the government, for example in Swaziland.
(b) Constitutional monarchy: where the king or queen is only the head of state, and the prime minister is the head of government. The prime minister is elected by citizens in general election and he or she forms a government. Examples of countries that have constitutional monarchies are Sweden, Japan, Jordan and Netherlands.
4. Federation
In a federation, power is shared between a national government and state government. Member states have control over their own affairs but the central government controls national affairs. For example, the Russian Federation, Nigeria and the USA.
5. Dictatorship
Dictatorship is a form of government whereby leadership rests in the hands of an individual or a group of persons who normally come into power through the use of force. Dictators have unlimited authority over the people.
IMPORTANCE OF GOVERNMENT
(a) The government provides citizens with social services like health care, education, safe water, etc.
(b) It constructs and maintains infrastructure, e.g. roads, schools, buildings, hospitals, etc.
(c) It maintains peace and order in the country. It provides security for citizens and their properties through the police and army.
(d) It initiates and maintains relationships with other countries. For example it can establish ambassadorial relationships with some countries. The government also joins interregional and international organizations to establish economic as well as diplomatic relations.
(e) The government collects revenues for the development of the country. Citizens pay taxes to the government, which in turn, provides social services using the money collected.
(f) It guides the country by preparing and implementing policies.
(g) It protects individual rights of its citizens.
(h) It protects the constitution and manages affairs directed by the constitution.
THE CONSTITUTION
Constitution refers to a system of laws and basic principles that a country or an organization is governed by. A national constitution is a document that bears the basic guides of a country. This means the people will be governed by a government on the basis of the provisions of the constitution.
The constitution provides the framework of the country and creates the principle organs of the state as well as its power and limitations.
The current constitution is divided into ten chapters.
Chapter 1: This chapter has three parts: (1) The United Republic of Tanzania (2) Fundamental objectives and directive principles of state policy. (3) Basic rights and duties of citizens.
Chapter 2: This chapter deals with the three basic leadership posts of the government: (1) The President (2) The Vice President (3) The Prime Minister.
Chapter 3: This deals with the parliament and its structure.
Chapter 4: This concerns the revolutionary Government of Zanzibar, The Zanzibar revolutionary Council, and The Zanzibar House of representatives.
Chapter 5: This deals with the Judiciary
Chapter 6: This deals with The Permanent Commission of Enquiry and the Public leader’s ethics secretariat.
Chapter 7: This deals with matter of finance and revenue, funds and expenditure.
Chapter 8: This deals with the establishment and functions of local government authorities such as municipal and county councils.
Chapter 9: This contains provisions on armed forces (army, navy and airforce)
Chapter 10: This contains miscellaneous provisions.
MAKING THE CONSTITUTION
The Tanzanian constitution has not always been as it is currently. It has undergone several major changes since the first one was written in 1961.
Constitutional changes are determined by a umber of factors. The following are some of the factors that can lead to constitutional changes.
1. Changes in major policies.
2. Changes in leadership.
3. Changes in philosophy.
4. Social development.
5. Global changes.
6. Supposed discrepancies.
7. Pressure from the opposition side.
8. Adaptation of new ideas.
9. Revolution.
10. Individual wishes or ideas.
The Tanzanian constitution has had a number of versions.
1. The Independence Constitution of 1961
Tanganyika got her independence from Britain in 1961. The British wrote the constitution which was used when Mwalimu J. K. Nyerere was the Prime Minister. The constitution was known as the Independence Constitution of 1961.
2. The republic Constitution of 1962
In 1962, the government of Tanganyika published a white paper proposing to make the country a public. The National Assembly discussed the paper and adopted it. The National Assembly then passed the Act of Parliament to give it a legal right to be a Constituent Assembly. This Constituent Assembly discussed and adopted a new constitution and Mwalimu J. K. Nyerere was elected the first president of the Republic of Tanganyika. This constitution was known as the Republic Constitution of 1962.
3. The Interim Constitution of the United Republic of Tanganyika and Zanzibar of 1964
After the union of Tanganyika and Zanzibar there was a need to change the constitution. So the President of Tanzania issued an interim constitutional decree which modified the Constitution of the Republic of Tanganyika. The new constitution was the Interim Constitution of the United Republic of Tanganyika and Zanzibar of 1964.
4.The Interim Constitution of Tanzania of 1965
In 1965, the Parliament of the United Republic of Tanzania enacted an Act of Parliament to make the Interim Constitution of Tanzania. This constitution declared Tanzania a single party state. Tanganyika African national Union (TANU) of Tanzania mainland and Afro-Shirazi Party (ASP) of Zanzibar were the only political parties recognized by the constitution. This constitution was the starting point in uniting TANU and ASP so that Tanzania could become a real one-party state. This constitution was known as the Interim Constitution of Tanzania of 1965.
5. The Constitution of the United republic of Tanzania of 1977
In 1977 TANU and ASP united to form Chama cha Mapinduzi (CCM). This union created the need for a new constitution. The then President of Tanzania Mwalimu J. K. Nyerere appointed a Constitutional Commission of twenty people to oversee the making of a new constitution. Each side of the union was represented by ten members.
President Nyerere appointed the representatives of the Constituent Assembly to consider the proposal of the Constitutional Commission to enact the constitution. The members of the Constituent assembly were 45 from Zanzibar and 156 from Tanzania mainland. They discussed and agreed on the constitutional proposals made by the Constitutional Commission, then the current constitution was adopted. The constituent is known as the Constitution of the United Republic of Tanzania of 1977.
CONSTITUTIONAL AMENDMENTS
Constitutional amendment is the process of changing some sections of the constitution to adjust some ruling of the constitution caused by some discrepancies or needs of the nation.
The 1977 constitution has had a umber of amendments to cater for the changing needs of the society. The major amendments include:
1. The introduction of the Bill of Rights in the constitution in 1984.
2. The introduction of the multi-party system in Tanzania in 1992.
3. The introduction of the vice-President as the running mate in elections, and making the president of Zanzibar a member of the Union Cabinet, in 1995. The other major changes here were:
(a) Changing the mode of electing the president. Previously the President was elected by majority vote. The amendment allowed the President to be elected by the highest votes.
(b) Increasing the number of seats allocated to women in the parliament to thirty percent.
(c) Establishment of the independence of the judiciary and its powers on legal matters.
(d) Establishment of the Commission of Human Rights and Good Governance.
Currently, (2013) Tanzania is in the process of changing the current constitution, and a commission to collect views from the people all over the country concerning the new constitution has been established and the process is underway.