AN EXPLORATION OF LEGAL, POLITICAL, ECONOMIC AND SOCIAL CHALLENGES FACING INDIVIDUALS IN THE EXERCISE OF PURSUING JUDICIAL REVIEW IN TANZANIA
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Abstract
The applicants for judicial review in Tanzania face both legal, political social and economic factors which contribute to the failure of some other people to pursue judicial review applications once affected by ultra vires decisions, omissions or acts of the public authorities. This paper deals with an exploration of legal, political, economic and social challenges facing individuals in the exercise of pursuing judicial review in Tanzania. The reason for the study is based on the fact that there are few cases of judicial review knock the doors of the court of law for the redress and those few cases reach the court fail in the preliminary stages for technical grounds.
The study focuses on the effectiveness of law and procedure relating to the application for judicial review before and after the establishment of the Law Reform (Fatal Accident and Miscellaneous Provisions (Judicial Review Procedures and Fees) Rules, 2014, Government Notice No. 324 published on 5/9/2014. The study analyses the procedure for the application for judicial review to see whether the present law and procedure for the application of judicial review creates enough and conducive environment for the victims of the arbitral administrative decisions to easily pursue for the remedies founded on judicial review.
It was observed that there is ample evidence to support that laws and procedures of applications for prerogative remedies in the legal system of Tanzania is the issue, that such is complicated and has a lot of technicalities.
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