Judicature and Application of Laws Act: Guiding Legislation on Source of Law in Mainland Tanzania
View Writing Issues
Filter Results
Plagiarism
Filter Results
Judicature and Application of Laws Act: Guiding Legislation on Source of Law in Mainland Tanzania
QUESTION:
The Judicature and Application of Laws Act, [Cap.358 R.E 2002] is the guiding Legislation on the source of law in mainland Tanzania. Discuss
The Judicature and Application of Laws Act, [Cap. 358 R.E 2002] is an Act that declare the Jurisdiction of the high court and courts of subordinate thereto and to apply and recognize certain laws. It originated from The Judicature and Application of Laws Ordinance of 1920, which was brought by colonial rule of the British by virtue of reception clause Article 17(2) of Tanganyika Order in Council. This is a statute which came into operation in Tanzania after independence, the aim of, The Judicature and Application Act is to set up the court system in Tanzania mainland to provide laws which are applicable in the court, and any law that is not found in this Act is legally not applicable and binding. The Act recognizes the application of Islamic laws, customary laws, written laws and received laws in the high court of Tanzania subordinate court and it provide condition for their application
Sources of law means the origin from which laws can be found or place where we can obtain law hence where reference can be made to obtain laws. The source of law that are applicable in mainland Tanzania provided under, The Judicature and Application of Law Act [Cap. 358 R.E 2002] are found under section 2 and 11 of this Act.
Written laws, refers to statute which means laws enacted or by the authority of the supreme parliament branch especially a representative government. Under written laws, there is constitution.
The Constitution of the United Republic of Tanzania, in 1977 was found and it has been amended from time to time. It tend to provide the rights and obligation of citizens law, it the mother law of the country because all laws are being derived from the constitution. It is a fundamental source of law in which the state is governed and it is whereby all laws acquire their status from
