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Administrative Law in Tanzania. A Digest of Cases

B. D. Chipeta

Publication Year: 2007

Administrative 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.

Published by: African Books Collective

Title Page

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Copyright Page

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Contents

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pp. iii-

Abbreviations

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pp. v-vi

Glossary, Acknowledgments

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pp. vii-ix

Table of Cases Digested

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pp. xi-xvii

Table of Foreign Cases Referred To

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pp. xix-xxiii

Table of Statutes

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pp. xxv-

Preface

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pp. xxvii-xli

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Chapter One: Procedure in Applications for Prerogative Orders

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pp. 1-19

What this chapter contains are cases which deal mainly with procedural matters in applications for Prerogative Remedies. Many such applications have foundered for the simple reason that the applicants did not comply with the correct procedure. One such procedural requirement...

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Chapter Two: Constitutional Principles and Human Rights

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pp. 21-88

In many cases constitutional law and administrative law overlap. Indeed, as stated earlier, the main source of administrative law is constitutional law. As Prof. Wade points out...

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Chapter Three: Jurisdiction of Courts and Ouster of Jurisdiction

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pp. 89-120

Statutory ouster of the jurisdiction of courts and the approach of courts in interpreting such statutory provisions are the dominant theme in this chapter. Cases in this chapter cover questions of the supervisory role to the High Court over inferior tribunals or statutory bodies...

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Chapter Four: Prerogative Orders and Alternative Remedies

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pp. 121-151

Prerogative orders or remedies are a family name for remedies of certiorari, mandamus, prohibition and habeas corpus. As we have seen earlier, remedies of certiorari and prohibition are remedies which issue from the High Court and both are designed to keep inferior...

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Chapter Five: Natural Justice, Discretion, and Fairness

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pp. 153-189

One of the principles of natural justice is that a party must not be condemned unheard. It is expressed in Latin as Audi alteram partem which, simply translated, means “Hear the other side”. So fundamental is this principle that it has been held that if a tribunal violates...

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Chapter Six: The Right to Legal Representation

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pp. 191-203

The right to be represented by counsel has been recognized for many years in most jurisdictions. More than seventy years ago, in the famous American case of Powell v. Alabama (1932) 287 US 45, the Supreme Court of the United States of America justified...

Cases on Specific Legal Themes

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pp. 204-230

Table of Cases Digested

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pp. 231-233

Bibliography

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pp. 235-

Back Cover

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E-ISBN-13: 9789987081066
Print-ISBN-13: 9789987449507

Page Count: 280
Publication Year: 2007