Political Question Doctrine and Its Justiciability in Tanzania: A Critical Analysis of Attorney General v. Reverend Christopher Mtikila

Abstract

This article examines the nature, application and scope of thecontroversial political question doctrine. What the doctrineseeks to achieve is at odds with what is intended by thejusticiability theory. While justiciability principle aims at allowingall legal questions properly brought before the court to beconclusively determined by the court, political question doctrineintends to deny litigants of legal protection by prohibiting thecourts from entertaining legal disputes properly presented andwhich are otherwise justiciable. The controversy has alwaysbeen on how to reconcile the two theories. This paper evaluatesthe existence and efficacy of the doctrine in legal disputesrelating to the interpretation of the Constitution. It is submittedthat, although the doctrine remains relevant since there arematters of public policy which are constitutionally nonjusticiable,courts in Tanzania have not developed criteria fordetermining when and under what circumstances should thedoctrine be invoked.Key words: Political Question, Justiciability, Interpretation of the Constitution,Separation of Powers, Judicial Review, Tanzania.