Human Rights, Constitutionalism and the Judiciary: Tanzanian and Irish Perspectives

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Human Rights, Constitutionalism and the Judiciary: Tanzanian and Irish Perspectives

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Human rights, constitutionalism and the role of the judiciary from an Irish and Tanzanian perspective.

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Description

Editors: Binchy and Finnegan| Format: Soft Back | Price: €90 | ISBN 1-905536-04-6 | Publication Status: Available (published June 2006)

About

This unique work examines themes of human rights, constitutionalism and the role of the judiciary from an Irish and Tanzanian perspective. Several of Ireland’s greatest legal minds have come together with their colleagues in Tanzania to produce this work, which examines a range of issues including constitutional rights, women and the law, gender and the law, minority rights, property rights, judicial review, procedure, electoral law, Tribunals of inquiry, environmental protection, media freedom, freedom of expression, judicial independence, judicial activism and the right to a fair trial. The editor notes that “it is fascinating to see how global values impact on national legal systems and how, so often, judges in Tanzania and Ireland, with different constitutional structures, have crafted similar solutions”.

About the Editors

Professor William Binchy is the co-editor of the Quarterly Review of Tort Law, also published by Clarus Press.

Catherine Finnegan is a co-ordinator at the School of Law, Trinity College, Dublin.

Please note that this project was co-funded by the School of Law, Trinity College, Dublin, and the Law School, Griffith College, Dublin.

Contents

PART 1 THE CONSTITUTIONAL DIMENSION

Tanzania’s Constitutional History and Development J.T. Mwaikusa

The Directive Principles of State Policy in Tanzania Palamagamba John Kabudi

Remedies for Infringement of Constitutional Rightsin Tanzania Dr. Sengondo Mvungi

PART 2 HUMAN RIGHTS

International Human Rights Law as Reflected in Tanzania’s Treaty and Court Practice Khoti Kamanga

Minority Rights in Tanzania Ringo W. Tenga

Gender and the Law in Tanzania: Aspects of the Position of Women on Land and Property Rita Alice Mwaipopo

Women and the Law in Ireland and Europe Ivana Bacik

PART 3 THE PUBLIC FORUM AND THE DEMOCRATICPROCESS

Developments in Judicial Reviewin Mainland Tanzania Issa G. Shivji

Judicial Review: Why and Whither Gerard Hogan

Proceedings against the Government in Tanzania Dr. A. M. Mapunda

Electoral Laws and Procedures in Tanzania:Continuity in Change Prof. G. Mgongo Fimbo, Ph.D.

The Role of the Judiciary in Tribunals of Inquiryas a Pre-requisite for Open and Accountable Government Estelle Feldman

Fair Procedure in Public Administration David Gwynn Morgan

The Role of the Judiciary in the Protection of the Environment in Tanzania Palamagamba John Kabudi

Environmental Protection: Sharing our Experiences Dr Yvonne Scannell

Media Freedom, Ethics And The Courts In Tanzania Dr. Harrison G. Mwakyembe

Modern Developments in the Judicial Balancing of the Right to Reputation Against the Right to Free Expression in a Democracy Paul Carney

PART 4 THE JUDICIAL ROLE

Independence of the Judiciary in Tanzania: A Critical Re-Evaluation Hamid Nassoro

Judicial Activism in Tanzania Prof. Chris Maina Peter

The Bench, the Bar and the Concern for Truth Dr. Fauz Twaib

The Right to a Fair Trial Luoga, F.D.A.M.

Trial in Due Course of Law Declan McGrath

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