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THE SUBJUDICE RULE AND ITS APPLICATION IN TANZANIA PARLIAMENTARY PRACTICE
Drafts by John Seka
BRADEA COMMENTARY , 2020
This commentary examines the impacts of recent amendments introducing major changes to the Basic ... more This commentary examines the impacts of recent amendments introducing major changes to the Basic Rights and Duties Enforcement ACT of 1984, thus raise eye brows about possible violation of constitutional rights. The amendments, which create avenues for crushing legal remedies also introduce legal loopholes for shielding top national leaders from prosecution for rights violation.
This analysis broadly sheds some light on the changes to the law, possible impacts on human rights and public interest lawsuits, while offering suggestions to tackle the negative impacts. As a sovereign State, Tanzania is governed by the rule of law under the Constitution of the United Republic of Tanzania of 1977, whose 1984 bill of rights forms the basis for enforcing human rights. As a member of the United Nations and signatories of numerous international conventions, Tanzania has the obligation to respect and enforce human rights.
The recent amendments to the basic rights and duties enforcement Act of 1984 (BRADEA), came from the fact that the government was not impressed by the discretion of High Court judges to impartially dispense justice, thus, trying to curtail the power of the court to deal with violation of the constitution. This reality can be traced from the objectives of these amendments that were listed in the Bill that amended BRADEA.
THE SUBJUDICE RULE AND ITS APPLICATION IN TANZANIA PARLIAMENTARY PRACTICE
BRADEA COMMENTARY , 2020
This commentary examines the impacts of recent amendments introducing major changes to the Basic ... more This commentary examines the impacts of recent amendments introducing major changes to the Basic Rights and Duties Enforcement ACT of 1984, thus raise eye brows about possible violation of constitutional rights. The amendments, which create avenues for crushing legal remedies also introduce legal loopholes for shielding top national leaders from prosecution for rights violation.
This analysis broadly sheds some light on the changes to the law, possible impacts on human rights and public interest lawsuits, while offering suggestions to tackle the negative impacts. As a sovereign State, Tanzania is governed by the rule of law under the Constitution of the United Republic of Tanzania of 1977, whose 1984 bill of rights forms the basis for enforcing human rights. As a member of the United Nations and signatories of numerous international conventions, Tanzania has the obligation to respect and enforce human rights.
The recent amendments to the basic rights and duties enforcement Act of 1984 (BRADEA), came from the fact that the government was not impressed by the discretion of High Court judges to impartially dispense justice, thus, trying to curtail the power of the court to deal with violation of the constitution. This reality can be traced from the objectives of these amendments that were listed in the Bill that amended BRADEA.