Administrative Law in Tanzania. A Digest of Cases: A Digest of CasesAdministrative law may best be defined by describing what it encompasses: it is that branch of law which deals with the individual versus governmental or administrative power. It covers court restraint of actions or inactions of public institutions, administrative processes of central and local government, parliamentary and subordinate legislat on and the means and procedures by which the rights of individuals are protected against abuse of power by public or local authorities, public corporations, tribunals and other bodies which discharge functions of public nature entrusted to them by law for the benefit of the citizen. It is hoped that this book will act as a wake-up call to all those who have been entrusted with the duty of making decisions affecting the rights of citizens to update themselves so as to discharge their duties correctly and in spirit of good governance. Administrative Law in Tanzania: A Digest of Cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the Executive, the Legislature and the Judicature, natural justice and the rule of law, statutory ouster of jurisdiction of courts, and the right to legal representation. |
Contents
Chapter One | 1 |
Chapter Two | 21 |
Chapter Three | 89 |
Chapter Four | 121 |
Chapter Five | 153 |
Chapter Six | 191 |
Bibliography | 235 |
Back Cover | 237 |
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Administrative Law advocate allowing the appeal Amalgamated Engineering Union Anisminic Ltd Appeal of Tanzania Appeal Tribunal Attorney audi alteram partem authority Board Bukoba certiorari and mandamus Christopher Mtikila Civil Appeal Committee Compensation Commission 1969 Constitution Court of Appeal Court of Tanzania Dar es Salaam Daudi Pete 1993 decision duty exercise Facts Foreign Compensation Commission fundamental rights Government Proceedings Act granting the application Held granting High Court Home Affairs issue Judge In-charge judicial review jurisdiction Kukutia Ole Pumbun land legislation LRC Const mandamus Manyaki matter Mtikila Mwanza District natural justice order of certiorari order of mandamus Ordinance ouster Parliament party person plaintiff prerogative orders President Preventive Detention principles of natural procedure provisions public interest quash reasons referred Regional Commissioner Regional Police Commander Republic of Tanzania respondent Salaam Samatta Serengeti District statute statutory Tanganyika Transport Licensing ultra vires unconstitutional United Republic unreported Wednesbury Zanzibar