Constitution And Legal System Of Tanzania Pdf
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- Constitutional and Legal System of Tanzania
- Constitutional and legal system of Tanzania : a civics sourcebook
- Overview - Rule of Law
- Constitutional and Legal System of Tanzania
Under Sources of Law we explained that some countries will apply greater weight to certain sources of law than others, and that some will put more emphasis on judicial decisions than others.
The main research for this compilation has been conducted by Ms. Christabel Manning , LL. Published November Read the Update!
Constitutional and Legal System of Tanzania
The main research for this compilation has been conducted by Ms. Christabel Manning , LL. Published November Read the Update! Table of Contents. Sources of Law. Case Law. Received Laws. Customary and Islamic Laws. International Law Treaties and Conventions. Government Structure. The Executive. The Legislature. The Judiciary.
Judicial System of Mainland Tanzania. Judicial System of the Revolutionary Government of Zanzibar. Locating Legal Materials. Online Resources. Secondary Sources. Legal Education. Legal Profession. The United Republic of Tanzania is situated on the eastern seaboard of the African continent, about one degree south of the Equator. The Republic of Zambia and the Republic of Malawi share its borders on the southwest, while in the South it shares a border with Mozambique; it is the union of two historical countries, Tanganyika and Zanzibar.
Zanzibar is an autonomous part of the United Republic, and is made up of two islands, namely Unguja and Pemba, which are found in the territorial waters of the United Republic, in the Indian Ocean. Another island to the south east of the Tanzania, Mafia, is an integral part of mainland Tanzania. Tanganyika gained its independence from the British, who administered her after the end of the WWII under the United Nations Trusteeship; on 9 th December she became a Republic on 9 th December Zanzibar became independent on 12 th December Prior to her independence, Zanzibar, which was ruled by an Arab Sultanate, and enjoyed a protectorate status under the British.
One month after she gained independence, the Arab Sultanate regime of Zanzibar was overthrown by a popular revolution on 12 th January , which led to the creation of the Revolution Government of Zanzibar. The two states were by then governed under the one party system of government, i. The United Republic of Tanzania was under the leadership of one party system until when she adopted a new constitution, which enabled the organization of pluralist political parties, and hence in the first multi party democratic elections were held in the country.
Since the country has held such multi party elections in , and It derived this system from its British colonial legacy, as it does the system of government, which is based to a large degree on the Westminster parliamentary model.
Unlike the unwritten British constitutional system, the first source of law for the United Republic of Tanzania is the Constitution. The constitutional history of Tanganyika traces its background from the Independence Constitution, which was adopted at the time of independence. In Tanganyika adopted the Republican Constitution, which operated from up to These two were based on the traditional Lancaster style constitutions negotiated at independence by the British upon handover of state power to newly independent states.
In Tanganyika adopted an Interim Constitution while the country awaited a new constitution to be drafted, after it abolished the multi party political system and adopted a one party state system. The process lingered longer than it was meant to and thus the constitution lasted from up to when a new constitution was adopted and it has remained applicable to date, with fourteen subsequent amendments.
The Constitution provides for a bill of rights, notwithstanding the fact that it also makes provision for a number of claw-back clauses. In other words the enjoyment of certain rights and freedoms under the constitution is not absolute, but it is subject to legal regulation.
The Bill of Rights is found in part three of the first Chapter of the Constitution and the fundamental rights and freedom are stipulated in article 12 to 24, article 25 to 28 imposes duties on every individual to duties and obligations to respect the rights of others and society.
Article 29 establishes the obligation of society to every individual. Article 30 of the Constitution limits the application of these rights subject to law and the under the due process of law, as the case may be.
The second source of law is the Statutes or Acts of Parliament. These principal legislations, and subsidiary legislations thereto, are published in the Government Gazette and printed by the Tanzania Government Printers. The third source is case law.
These are cases from the High Court and Court of Appeal which are either reported or unreported and are be used as precedents, and bind lower courts thereto. The fourth source is Received Laws established under Section 2. Whereby customary law is in effect only when it does not conflict with statutory law whilst Islamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance.
International Laws, that is, Treaties and Conventions, are not self-executing. The Act of Parliament can apply treaties and conventions to which Tanzania is a party in the Courts in Tanzania only after ratification. The United Republic of Tanzania is a unitary state based on a multiparty parliamentary democracy. In the Tanzanian government introduced constitutional reforms permitting the establishment of opposition political parties.
All matters of state in the United Republic are exercised and controlled by the Government of the United Republic of Tanzania and the Revolutionary Government of Zanzibar. The Government of The United Republic of Tanzania has authority over all Union matters in the United Republic, as stipulated under the Constitution, and it also runs all non union matters on Mainland Tanzania, i.
Non-union matters are all those which do not appear in the Schedule to the Constitution which stipulates the list of Union matters. In this respect the Revolutionary Government of Zanzibar has a separate Executive, legislature, known as the House of Representatives, and a judicial structure, which functions from the Primary Court level to the High Court of Zanzibar, which are provided for under the Constitution of Zanzibar.
There are three organs for central government of the United Republic of Tanzania: the Executive, Judiciary and the Legislature.
The functions and powers of each of the three organs are laid out in the Constitution of the United Republic of Tanzania. The Vice President who is the principal assistant to the President in all matters of the United Republic is responsible for:. The Prime Minister of the United Republic is the leader of Government business in the National Assembly, controls, supervises and executes daily functions and affairs of the Government of the United Republic, and any other matters the President directs to be done.
The Cabinet of Ministers, which includes the Prime Minister, is appointed by the President from among members of the National Assembly. The Government executes its functions through Ministers led by Cabinet Ministers.
President Jakaya M Kikwete became the current President of the United Republic on the 21 st December of after a historic victory, winning Since independence, Tanzania has held peaceful elections. Tanzania was a one-party system of democracy between , , , , , and ; in the first elections, held in , the ruling party captured all seats hence the de-facto one party state emerged, to be later regularized by law in In , following the constitutional reforms, described herein above, the formation and organization of political parties is now conducted under the Political Parties Act About 18 political parties have been registered since then and multiparty general elections were held under the new multiparty system in , , and The President exercises authority vested in him by the Constitution to assent to bills by Parliament in order to complete the enactment process before they become law.
The National Assembly, which is the principal legislative organ of the United Republic, has authority on behalf of the people to oversee and the accountability of the Government of the United Republic and all its organs of their particular duties.
The National Assembly also has various standing Committees to support in its various functions. The National Assembly of Tanzania is constituted by one chamber, with members elected form various constituencies across mainland Tanzania and Zanzibar. Elections are supervised by the National Electoral Commission which is established under the Constitution.
The legal system of Tanzania is largely based on common law, as stated previously, but is also accommodates Islamic or customary laws, the latter sources of law being called upon called upon in personal or family matters. The judiciary is formed by the various courts of judicature and is independent of the government. Tanzania adheres to and respects the constitutional principles of separation of powers. The Constitutional makes provision for the establishment of an independent judiciary, and the respect for the principles of the rule of law, human rights and good governance.
The Judiciary in Tanzania can be illustrated as follows. Primary Courts are the lowest in the judicial hierarchy. Court of Appeal. Resident Magistrates Courts. District Courts. Primary Courts. The Court of Appeal of Tanzania, established under Article of the Constitution, is the highest Court in the hierarchy of judiciary in Tanzania.
It consists of the Chief Justice and other Justices of Appeal. The Court of Appeal of Tanzania is the court of final appeal at the apex of the judiciary in Tanzania. The High Court of Tanzania for mainland Tanzania and the High Court of Zanzibar are courts of unlimited original jurisdiction, and appeals there from go to the Court of Appeal. High Courts. The High Court of Tanzania was established under Article of the Constitution and it has unlimited original jurisdiction to entertain all types of cases.
The High Courts exercise original jurisdiction on matters of a constitutional nature and have powers to entertain election petitions. The High Court mainland Tanzania has established 10 sub Registries in different zone of the country. It also has two specialised divisions, the Commercial Division and the Land Division. All appeals from subordinate courts go to the High Court of Tanzania. Subordinate Courts. These include the Resident Magistrate Courts and the District Courts, which both enjoy concurrent jurisdiction.
These courts are established under the Magistrate Courts Act of The District Courts, unlike the Resident Magistrates Courts, are found throughout all the districts in Tanzania the local government unit. They receive appeals from the Primary Courts, several of which will be found in one district. The resident magistrates Courts are located in major towns, municipalities and cities, which serve as the regional provincial headquarters.
Constitutional and legal system of Tanzania : a civics sourcebook
The Civics and General Studies Syllabus prepared by the Ministry of Education of Tanzania requires teachers to cover a considerable amount of legal materials. Yet there is no single sourcebook, which provides them with the necessary materials to assist them in the teaching of civics. This sourcebook is a resource for teachers and students, providing a comprehensive treatment of the subject, which closely follows the syllabus published by the Ministry of Education. Organised in seven parts and twenty two chapters, the sourcebook covers all important legal issues: sources of law, classification and division of law, the state and civil society, constitutional principles, Tanzania constitutional history and constitution-making, human rights, basic rights and duties in the Union and Zanzibar constitutions, international organisations UN, AU, EAC, World Bank, IMF, GATT, WTO etc. At the end of each part, short bibliographic notes are included for further reading. Prepared primarily for the needs of secondary school students, the book is tailored also to meet the needs of the laypeople needing legal guidance and information, civil society organisations, NGOs, and those involved in advocacy work.
Overview - Rule of Law
Tanzania Human Rights Jurisprudence. Tanzania Legal System. The Articles of Union.
Law is a system of rules created and enforced through social or governmental institutions to regulate behavior,  with its precise definition a matter of longstanding debate. Private individuals may create legally binding contracts , including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation.
Constitutional and Legal System of Tanzania
Skip to main navigation. In explaining the need for an independent judiciary, Alexander Hamilton noted in The Federalist 78 that the federal courts "were designed to be an intermediate body between the people and their legislature" in order to ensure that the people's representatives acted only within the authority given to Congress under the Constitution. The U. Constitution is the nation's fundamental law.
I. G. Shivji, et al.
За ее спиной ТРАНСТЕКСТ издал предсмертный оглушающий стон. Когда распался последний силиконовый чип, громадная раскаленная лава вырвалась наружу, пробив верхнюю крышку и выбросив на двадцать метров вверх тучу керамических осколков, и в то же мгновение насыщенный кислородом воздух шифровалки втянуло в образовавшийся вакуум. Сьюзан едва успела взбежать на верхнюю площадку лестницы и вцепиться в перила, когда ее ударил мощный порыв горячего ветра. Повернувшись, она увидела заместителя оперативного директора АНБ; он стоял возле ТРАНСТЕКСТА, не сводя с нее глаз. Вокруг него бушевала настоящая буря, но в его глазах она увидела смирение.
Даже перепачканная сажей и промокшая, Сьюзан Флетчер производила более сильное впечатление, чем он мог предположить. - А коммандер? - спросил. Бринкерхофф покачал головой. Человек ничего не сказал, задумался на мгновение, а потом обратился к Сьюзан. - Лиланд Фонтейн, - представился он, протягивая руку. - Я рад, что вы живы-здоровы.
Высокооплачиваемые государственные служащие старались избегать демонстрации личного благосостояния.
- Я полагаю, Хейл держит этот пароль, глубоко запрятав его в компьютере, а дома, возможно, хранит копию. Так или иначе, он попал в западню. - Тогда почему бы не вызвать службу безопасности, которая могла бы его задержать.