INTRODUCTION
Constitutional structure refers to the major features that are found in the constitution and in how many parts these features are covered. From the discussion on the meaning of the constitution the common characteristic that dominated the discussion was the common task that a constitution has that of establishing the organs of the government and provides them with powers and limits. Constitutional structure therefore, focuses on the coverage that is given to these organs and other features like the Bill of rights, Duties of citizens, Directive principles and Objectives of the constitution. In this Unit the discussion will base on structure of each organ and objectives and directive principles of a constitution. It will be realized that this part will base mainly on the presidential type of a constitution, as it is the one that applies in Tanzania.
The Executive
The executive arm of the state consists of the President, the Vice-President, the Prime Minister and the Cabinet. The Public service, prisons, police and the armed forces fall under the Executive Branch.
A well democratic constitution that governs a rule of law State will always establish the three pillars of the state among them the Executive. In the executive arm of the State is where the President and Vice are established. The Prime Minister for the countries that have that structure also is found in the executive and the council of Ministers, the Cabinet. The coercive power like police and the prisons fall under the executive as well. However, it is to be noted that the Executive structure differs from one country to the other, for example in Kenya there is no Prime Minister, it is only the President, Vice-President and the Cabinet. The constitution in establishing the executive will give in details powers and limits of the said arm of the State. The part of Presidency and the Vice-Presidency provides on how a president of a country and his Vice are obtained, their qualities and it also establishes the President to be the Head of the Executive. Presidency tenure also is provided in this part. This part also covers for the Prime Minister and the Cabinet on how they are obtained. In the Constitution of the United Republic of Tanzania of 1977 (as amended from time to time), the Executive is found under Articles 33-61 respectively.
The LEGISLATURE
The Legislature is the Law making body. The powers and limits of it are stipulated in a country’s constitution. The main function of this body is to make laws of a particular country. The Legislature enacts various pieces of legislations; that are called Acts of Parliament. The Body also, through its delegated powers, can empower other government organs such as the executive to make laws to regulate certain conducts in communities. The laws that are made by the Legislature itself, that is the Acts of Parliament are known as Principal Legislations and those made by other organs through delegated powers are called Subsidiary Legislations (subordinate legislation). There are number of reasons that make delegated legislations inevitable in modern governments some of them include, pressure upon parliamentary time, technicality of the subject matter, the need for flexibility and state of emergency.
The composition of Legislative body must be sated in the constitution as well. Depending on a country’s system all required officials that make up the law making body and the procedure for their recruitment must be provided for in the constitution. In most cases the law making body is made up by the Members of Parliament who are either elected by people during parliamentary elections to represent them in parliament for period stipulated in the constitution, or by being nominated by the President in case the constitution empowers the President to do so. In some countries like Tanzania the Parliament is composed of by the President and the Members of Parliament (National Assembly). In Part three the constitution provides; Kutakuwa na Bunge la Jamhuri ya Muungano ambalo litakuwa na sehemu mbili, yaani Rais na Wabunge. In Tanzania the Legislature by the name of Parliament is covered under Articles 62-101 respectively.
The Judiciary
The Judiciary is the law interpreter. Its main function is to interpret the law without fear or favour. The Judiciary is the custodian of justice therefore it is empowered by the constitution to dispense justice without either being interfered with any external force that will prejudice this goal, or work o the basis of favours. The Judiciary, when looked at, should present justice and fairness. The Judicial system of a country is covered in the constitution. The constitution must states the court system of the country, the procedures that are used to get judicial officers like Judges and Magistrates, their tenure in office and their remuneration, also disciplinary measures against them. Surprisingly, in Tanzania the constitution covers the High Court and the Court of Appeal only. The courts subordinate to the High Court, that is, magistrate’s courts are established by an Act of Parliament. Part five of Constitution of the United Republic of Tanzania covers the Judiciary.
