PhD Theses

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Browsing PhD Theses by Subject "Bill of rights"

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    Jurisprudential approaches in enforcing human rights in Tanzania
    (Unversity of Dar es Salaam, 2015) Hamad, Yahya Khamis
    This thesis focuses on the jurisprudential approaches in enforcing human rights in Tanzania. It covers examination of the concept of human rights and its philosophical grounding with their relevancy in universal, regional and national conceptions of human rights. It also covers philosophical considerations involved in the transformation of 'human rights philosophy' into 'human rights standards' and also human rights legal norms. As the philosophical roots of human rights are founded under international law and then, derived into domestic legal systems, the thesis addresses international (global and regional) and national perspectives in dealing with human rights related matters. This approach has provided necessary tips for examination of theories and practices of adjudicatory approaches in enforcing human rights norms both at international and national levels, against which (theories and practices) the Tanzania courts approaches in enforcing human rights have been assessed. As the result, the challenges facing the Tanzania judiciary in enforcing human rights have been identified. These include: over-adherence to foreign standards; unsatisfactory analysis of factual, legal and social values underlying disputes; uniformed use of the principles of 'proportionality' and 'margin of appreciation'; inconsistent use of authoritative standards; application of technicalities to the detriment of justice; erratic development of non-justiciable principle; non-recognition of the 'basic features' principle; avoidance to determine weighty issues in maintaining 'good relationship' with the executive and the legislature; and indeterminacy of the courts in clashes of constitutional provisions. Finally, recommendations have been set out to alleviate the challenges.