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Human Rights, Constitutionalism and the Judiciary

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.
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Table of 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 Rights in 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 DEMOCRATIC PROCESS 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 Inquiry as a Pre-requisite for Opennand 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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