The changing Paradigm in juristic adjudicative methods in Tanzania: the effect of the Bill of Rights Constitutional Order.
| dc.contributor.author | Hamad, Yahya Khamis | |
| dc.date.accessioned | 2020-06-26T13:02:16Z | |
| dc.date.available | 2020-06-26T13:02:16Z | |
| dc.date.issued | 2004 | |
| dc.description | Available in printed form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS FOL KRD.T34H35) | en_US |
| dc.description.abstract | This study was aimed at the systematic and constructive examination of the changing paradigm in the tanzania courts’ juristic approach in judicial review generally, and specifically on the changes as have been affected by the entrenched bill of rights. The examination has started with the general nature of juristic adjudicative functions, and it has covered the Tanzania courts’ adjudicative functions in judicial review both before and during the bill of rights era. The main concern in this examination was to study how the Tanzania courts approached issues in the discharge of their judicial review exercises. The study findings have revealed that the basic pattern of Tanzania courts’ judicial review before the bill of rights era was characterised by the English common law approach to uphold the rule of law (i.e. legalism). It also used constitutionalism which is based upon the written constitution with Ground norm status. However, with the entrenched bill of rights, the Tanzania courts’ juristic approach in judicial review has combined both legalism, constitutionalism and intuitive or informed interpretation of the bill of rights provisions. The study findings have shown in detail how Tanzania courts have made this possible. | en_US |
| dc.identifier.citation | Hamad, Y. K (2004) The changing Paradigm in juristic adjudicative methods in Tanzania: the effect of the Bill of Rights Constitutional Order.Master dissertation, University of Dar es Salaam. Dar es Salaam. | en_US |
| dc.identifier.uri | http://41.86.178.5:8080/xmlui/handle/123456789/12819 | |
| dc.language.iso | en | en_US |
| dc.publisher | University of Dar es Salaam | en_US |
| dc.subject | Bill of rights | en_US |
| dc.subject | Constitutional order | en_US |
| dc.subject | Juristic adjudicative methods | en_US |
| dc.subject | Tanzania | en_US |
| dc.title | The changing Paradigm in juristic adjudicative methods in Tanzania: the effect of the Bill of Rights Constitutional Order. | en_US |
| dc.type | Thesis | en_US |