Parliament and the Judiciary: partners in Law-making or hostile combatants?

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Date
2009
Journal Title
Journal ISSN
Volume Title
Publisher
University of Dar es Salaam
Abstract
Parliament and the Judiciary depend on each other. They are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights and the entrenchment of good governance. Each one has a major role to play including being a check and balancing mechanism on each other. It is important for these two institutions in in fulfilling their respective but critical roles in a complementary and contractive manner, lest it may result in defeating the whole purposes of guarding rule of law and good governance. However, there is a kind of mistrust on part of [parliament towards the judicial that the latter usurps its legislative power hence the existence of consistent move to defeat the same whenever an opportunity occurs This study was mainly library-based. It seeks to examine the working relationship between these two Organs with focus on the exercise of constitutional power vested to both. In particular the study looks at the struggle for supremacy between Parliament and the Judiciary. The study finds out that Parliament and the Judiciary are partners in the law making process although their respective roles may create a clash between them, as it is known that partners are not always in perfect harmony. In order to solve the identified problems the study recommends various measures based on three categories, that is, legislation, implementation of existing laws and awareness in relation of change of attitude.
Description
Available in print form, East Africana Collection, Dr. Wilbert Chagula Library, Class Mark (THS EAF KRD.M853)
Keywords
Judicial power, Courts, Judiciary, Parliament
Citation
Mwihambi, N. J (2009) Parliament and the Judiciary: partners in Law-making or hostile combatants?, Master dissertation, University of Dar es Salaam