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Under the Constitution of Tanzania, Justices and Magistrates are independent of the government and subject only to the Constitution and the law. The country has a dual juristition system where there is a judicial structure responsible for Tanzania Mainland and another for Zanzibar. The Court of Appeal of the United Republic was established in ...
Judicial review has been regarded as a basic feature since the case of Minerva Mills v. Union of India (1980), [ 29 ] the Supreme Court expressing the following view: [ 30 ] The power of the judicial review is an integral part of our constitutional system and without it, there will be no Government of Laws and the rule of law would become a ...
Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized with respect to the principles and doctrines of legislative supremacy and the separation of powers.
The Courts of the United Republic of Tanzania are established by the Constitution and municipal laws of Zanzibar and Tanzania Mainland. In Tanzania Mainland, the High Court of Tanzania has three divisions, namely the Commercial Division (the Commercial Court), [1] the Land Division (the Land Court) and the Labour Division (the Labour Court).
Tanzania has a five-level judiciary, which comprises the jurisdictions of tribal, Islamic, and British common law. [9] In mainland Tanzania, appeal is from the Primary Courts through the District Courts and Resident Magistrate Courts, to the High Courts, ending in the federal Court of Appeal. The Zanzibar court system parallels the legal system ...
A cross section of the members of the Constituent Assembly. The Tanzanian Constitutional Review Commission is the national commission established as per the Constitutional Review Act of 2011 for the collection of public opinion on the review of the Constitution of Tanzania and its validation via a referendum. [1]
After the First World War, the former German-governed colony Tanganyika was put under British authority in the Treaty of Versailles in 1919. [2] A year later, a High Court was established by an Order in Council and the post of the chief justice was formed. [3]
Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal, the correctness of the decision itself will be examined, usually by a higher body in the agency.