TUMAINI UNIVERSITY
IRINGA UNIVERSITY COLLEGE
FACULTY OF LAW
RESEARCH PROPOSAL
RESEARCHERS:
❑ JESCA KABISSA ❑ PETER R. THADEO
SUPERVISOR:
❑ MISS. RUHUNDWA
TOPIC: AN EXAMINATION OF THE BOUNDARIES OF, AND THE THEORETICAL JUSTIFICATION FOR JUDICIAL REVIEW IN TANZANIA.
CONTENT PAGE 1. Introduction ------------------------------------------------------------------- 2 1. Administrative Authority, the overview ----------------- - 2 2. Types of Administrative Authority --------------------------- 2 2. Useful of the study…show more content… 2. Historical Background of Judicial Review
This power historically[8] originated from America in the year 1803, this initiated by the ruling of Supreme Court of the United States in Marbury v. Madison case in (1803) under John Marshall. According to Marshall, a provision of the Judiciary Act of 1789 improperly extended the jurisdiction of the U.S. Supreme Court, and was therefore unconstitutional. This was the first opinion in which the Court exercised judicial review with full judicial authority. This was not the first incident of declaring[9], there were also some early state and federal decisions suggesting that even where the state or federal constitutions were silent, certain basic principles of “republican governments” could not be disregarded by legislators, principles that would be grounds for striking down statutes. In Calder v. Bull (1798), Supreme Court Justice Samuel Chase gave examples of the violation of these principles, such as taking one person’s property to give to another, deeming an action criminal that was not illegal when committed, and making persons judge and party in their own cases.
After the Second World War several constitutions of Europe and Asia incorporated judicial review. Before this incorporation in England[10] from the 12th century the
