Judicial review notes in Tanzania (grounds, procedures, cases+pdf)

These are easy-to-understand Judicial review notes for law students in Tanzania.

You don’t need any other notes as far as Judicial review in Tanzania is concerned, here you will find everything you need to know about this topic.

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What is Judicial Review

Judicial review is the way through which the court controls the actions of administrative bodies.

In Judicial review, the court reviews and scrutinizes the validity of the acts, decisions, instruments, or any transaction performed by administrative bodies.

De Smith in his book Judicial Review of Administrative Action (1968) (2nd Ed.), p. 23 defines judicial review to mean Judicial scrutiny and determination of the legal validity of instruments, acts, decisions, and transactions of administrative organs.

Judicial Review in Tanzania

Judicial review is recognized in Common Law jurisprudence as the means of controlling the excesses of power by public officials.

Judicial review is an inherent jurisdiction vested in the High Court.

That means all Judicial Review applications must be lodged in High Court.

The Constitution is the fundamental law in respect of the inherent powers of the High Court.

In Tanzania, the law which is relevant in the application for judicial review and its remedies is the Law Reform (Fatal Accidents) Miscellaneous Provisions Act Cap 310 R.E 2019 (the Act) together with Law Reform (Fatal Accidents and Miscellaneous Provisions) (Judicial Review Procedure and Fees) Rules 2014 (the Rules)

The provisions of sections 17-19 are relevant in respect of the remedies afforded when a Judicial Review is invoked.

Historical Development of Judicial Review

Historically in Britain, Judicial Review was a means of controlling public power developed in a very limited fashion.

Judicial Review was used as the means by which the King tried to control various inferior bodies, largely inferior adjudicative bodies (tribunals, inquiries) than administrative bodies.

Judicial Review was influenced by approaches/notions of private law rather than public law.

The scope of Judicial Review was limited on

• Was there a public right infringed?
• What kind of remedies?

Because the remedies of Judicial Review emanated (came) from the King were called PREROGATIVE ORDERS.

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