In simple words, the reason behind the growing importance of administrative law is the assumption by the administrative authorities of very wide powers including legislative and judicial which was the result of the social welfare state. The history of administrative law in tanzania dated back in pre independence arena. Employment and labour relations act cap 366 tanzania. The course contents would be general and basic principles of administrative law, general and basic principles of law of administrative tribunals and the basic principles of law of civil service, with reference to federal statutes as applicable to pakistan. Even in the 19th century administrative law was developing in the united states and today it is in many phases of equal or greater importance than the judicial. Its main thrust is to ensure that public power isnt abused or used as a detriment to the people. Therefore, the primary purpose of administrative law is to keep the power of government within its legal bounds, so as to protect the citizen against its abuse. Administrative law, public administration, and the. Administrative law facilitates, regulates and controls the administrative processes. A digest of cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the executive, the legislature and. Constitutional and administrative law is one of the core subjects required for a qualifying law degree and so is a compulsory part of undergraduate law programmes and graduate diploma in law programmes. Constitutional and administrative law the open university of. Thursday january 14, 2010 alkhamis muharram 29, 1431 bruhaspathivara pausa 24, 1931, at 07.
Understanding administrative law fourth edition by william f. It covers court restraint of actions or inactions of public institutions, administrative processes. Nedladdning, kan laddas ned under 24 manader, dock max 3 ganger. The principles of natural justice also apply to administrative proceedings, 3. Determining the reasons for the growth of administrative law which helps in analyzing whether such growth has witnessed an efficient functioning of the administrative authorities. A digest of cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to. It is hoped that this book will act as a wakeup call to all those who have been entrusted with the duty of making decisions affecting the rights of. Administrative legal framework of centrallocal government. Tanzania broadcasting services act of 1993 tanzania communications act 1993 tanzania communications regulatory authority 2003 the broadcasting services act 1993 the records and archives management act, 2002 act no. It is, however, very different from many of the other core legal subjects because it concentrates. The inquest procedure no conception may be understood save throughits history. Yet as administrative law has grown and matured it has moved further away from how agencies actually function.
The tanzania passports and travel documents act,2002. Any law including the law relating to all constitutional laws, statutory, byelaws, judicial proceedings, customs, and policies is called administrative law. Acquaintance with legal history is almost totally lacking among judges. Administrative law developed principles which assist to ensure that the administrative or public authorities works in a legal, reasonable and efficient manner. Administrative law is considered a branch of public law administrative law deals with the decisionmaking of such administrative units of government. In a nutshell, the rich gets richer, and the poor, poorer. Administrative law is not the actual rules, decisions, and policies that administrators make. Barnett, hilaire 2002 constitutional and administrative law. Thursday january 14, 2010 alkhamis muharram 29, 1431. The court has contributed a lot in the development of the law in tanzania since its establishment. Administrative law is a branch of public law which deals with or concerns the exercise of power, by public authorities to execute public functions.
The summation is discussed in relation to the sources of administrative law in tanzania. In this act, unless the context requires otherwise. Professor of law the catholic university of america 0001 versacomp 4. In our constitution there is separation of powers in a broad sense. Jan 15, 2020 in short, the administrative law deals with the power, especially quasijudicial and quasilegislative of administrative authorities alongside their official executive powers and control. Administrative law may best be defined by describing what it encompasses. Many reasons account for the sudden growth of administrative law. The regional administrative secretary, authorities. Read unlimited books and audiobooks on the web, ipad. Pdfbocker lampar sig inte for lasning pa sma skarmar, t ex mobiler.
Administrative law deals not primarily with the substance, or content, of policy outcomes but with the process of making policies. Administrative or quasijudicial, one has to look into a the nature of power conferred b the person on whom it is conferred c the framework of the law conferring that power d the manner in which that power is expected to be exercised. It provides for the praised principles of rules of law, separation of powers, independence of the judiciary, sovereignty of the people. Law of contract notes in tanzania mkundi legal service.
The comprehension of the legal sources of the law is the vital step for. Specifically, the constitution of the united republic of tanzania, 1977 as amended time to time is the foremost source of administrative law in tanzania. Friedmans view on the nature of administrative law is widely accepted and includes 5 points as follows. The chief justice of tanzania is the captain of both the court of appeal of tanzania as a final appellate court in the country and the jot as one of the three pillars of the state, the two others being the executive and the legislature. An act to amend certain written laws act, 2003 civil service act, 1989 founders of the nation honouring procedures act, 2004 public procurement act, 2004 act no. United republic of tanzania of 1977, in so far as they apply to employment and labour relations and conditions of work. Mar 25, 2011 administrative law is a branch of public law which deals with or concerns the exercise of power, by public authorities to execute public functions. While in england when a letter of acceptance is posted, both the offeror and the acceptor become irrevocably bound, in tanzania the acceptor does not become bound by merely posting his. In tanzania the government and its agencies can be sued in the courts of law for their actions when. Department of constitutional and administrative law faculty of law mzumbe university united republic of tanzania east africa email.
In short, the administrative law deals with the power, especially quasijudicial and quasilegislative of administrative authorities alongside their official executive powers and control. The government, due to the problems mentioned above was urged to protect the socioeconomic welfare of these aggrieved group of people and the state, namely in five ways. The doctrine of separation of powers is carried into effect in countries like america, australia. A state is governed as a one single unit in which the central government is supreme and any administrative divisions exercise only powers which their government chooses to delegate, e. The former was a colony and part of german east africa from the 1880s to 1919, when, under the league of nations, it became a british mandate. Administrative law in tanzania african books collective. Administrative law deals with the decisionmaking of such. Aug 08, 2012 administrative law and rule of law are complementary. Much of government and its public programs operate largely through various agencies on different levels. Administrative law is considered a branch of public law.
Importance of administrative law is growing reasons. A digest of cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names. Administrative law represents functional rather than a theoretical and legalistic approach. Llb bachelor of legislative law course is the most common undergraduate course of legal law education offered by many law colleges and universities in. Administrative law in tanzania a digest of cases by b.
Every law, which lays down relationship between public and executives, is called administrative law. Administrative law focuses on the procedural problems of. Any act beyond the limits provided by the law conferred to the administrator is ultravires hence 16 bettlemcnee,2000, public administrative and private corporation, pg 1. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda.
Metzger abstract from its birth, administrative law has claimed a close connection to governmental practice. It checks and balances the administrative action and citizens rights. The main role of the minister and their department is to. See, this is when the concept of administrative law first stepped in. Organizing principles of tax administration law it is a frequently heard complaint that tax administration laws are complex, confusing, and arbitrary. Administrative law is the body of law that governs the activities of administrative agencies of government. Law of torts in tanzania download ebook pdf, epub, tuebl, mobi. He is author of handbook for public prosecutors, 1979, a magistrates manual, 1988, civil procedure in tanzania a students manual, 2004 and administrative law in tanzania cases and materials.
Principles of natural justice are firmly grounded in articles 14 and 21 of the constitution. It is evident that the american legal system has slowly been adapting itself to meet great changes. This lecture paper is primarily designed as a ground work material for administrative law. Administrative law is the branch of law which deals with the individual versus governmental or administrative power. Though the origin of administrative law in the usa can be traced 1789, still it is with the passing of the commerce act of 1877, that it took a definite shape. Authoritative writings like franks comparative administrative law 1911, frauds case book on administrative law gave much impetus. Chapter 4, law of tax administration and procedure 2 i. Aggrieved by this new law, the respondents petitioned against the attorney general in the high court under articles 303 and 262 of the constitution of the united republic of tanzania, for a declaration that the new law was unconstitutional and consequently null and void. Administrative agency, administrative hearing, administrative law, administrative law judge alj, administrative procedure act, administrative procedure act apa, administrative warrant, impeachment and. The court of law in tanzania may invoke a writ of mandamus by relying on any of the following provision of the law. Otherwise, the articles of union, being the basic law for the union of tanzania, should have disclosed their legal status, for providing a method of getting a union. Basics of administrative law pdf 79p download book.
The african great lakes nation of tanzania dates formally from 1964, when it was formed out of the union of the much larger mainland territory of tanganyika and the coastal archipelago of zanzibar. Stanford libraries official online search tool for books, media, journals, databases, government documents and more. Administrative law, public administration, and the administrative conference of the united states gillian e. Administrative law covers a wide and varied area of practice, encompassing many different types of governmental legal procedures and regulations, and is not easily defined. Metzler t has been observed that we are living in a changed world, a world of new moral concepts but of outworn legal institutions.
Cases on constitutional and administrative laws in tanzania. Subject administrative law 2 iii scope the province of administrative law consists of the following iv growth of administrative law in indiain india a system of both administrative legislation and adjudication were in existence from very early time. The legal status of articles of the union in constitution making in tanzania by eduardo parpai sepere a dissertation submitted in partial fulfilment of the requirements for the degree of master of laws ll. A case study of the surface and marine transport regulatory authority sumatra in fulfilment of the requirements for the degree of doctor of philosophy of the open university of tanzania. He also served on different important commissions of inquiry and on a number of boards of directors. There are various topics and interpretation on principles. But the larger question is whether there is any doctrine of separation of powers when it comes to exercise of. Administrative law, also sometimes called regulatory or public law, is derived from the executive branch of government.
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