Judgment Reviews Law at Tanzania
In Tanzania, judicial review serves as a vital mechanism for ensuring that administrative actions comply with the Constitution and laws, safeguarding individual rights. Here's an overview of how judicial review operates in Tanzania:
โ๏ธ Legal Framework
Judicial review in Tanzania is primarily governed by:
The Constitution of the United Republic of Tanzania, 1977 (as amended): Establishes the judiciary's role in overseeing the legality of governmental actions.
The Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap 310 (R.E 2019): Specifically, Sections 17โ19 empower the High Court to issue prerogative orders such as certiorari, prohibition, and mandamus.
The Judicature and Application of Laws Act (JALA), Cap 358 (R.E 2019): Confers inherent jurisdiction upon the High Court to issue prerogative remedies.
These statutes collectively provide the legal basis for judicial review in Tanzania.
๐๏ธ Judicial Structure
The High Court of Tanzania, established under Article 108(1) of the Constitution, has unlimited jurisdiction to handle all types of cases, including judicial review matters It is the primary court for initiating judicial review applications The High Court is headed by a Principal Judge and has specialized divisions, including Commercial, Land, and Labour, to expedite cases in these areas
๐ Grounds for Judicial Review
Individuals in Tanzania can challenge administrative decisions on several ground:
Illegality When an administrative act contravenes the la.
Irrationality When a decision is unreasonable or made under dictation.
Procedural Impropriety When due process is not followed in decision-making. These principles ensure that administrative actions are lawful, reasonable, and fai. ๎cite๎turn0search0๎
โณ Procedures and Deadlines
To initiate a judicial review in Tanzania:
Application for Leave An applicant must first seek leave (permission) to file a judicial review application. This is done through a chamber summons supported by an affidavit.
Substantive Application If leave is granted, the applicant proceeds with the substantive application for judicial revie.
Hearing of the Case The court hears the case and may grant remedies such as certiorari, prohibition, or mandamus. Applications for leave must be made within six months after the act or omission to which the application relate.
๐งญ Judicial Independence and Oversight
The judiciary in Tanzania operates independently, with judges being subject only to the lw The High Court has the authority to review the legality of administrative actions, ensuring that public bodies act within their powers and respect the rule of law.
๐ Regional and International Oversight
As a member of the East African Community, Tanzania is subject to regional legal instruments that promote good governance and the rule of a. The East African Court of Justice has played a role in overseeing the legality of actions taken by Tanzanian authorities, particularly concerning human rights and constitutional matters.
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