A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement of Award of Bachelor Degree of Law (LL.B) of Mzumbe University
This investigation is expected to make an examination on the forces of the High Court in discrediting the laws established by Parliament are all around rehearsed in various courts framework. The purpose of this assessment was to take a gander at the powers of the High Court to ruin the laws approved by Parliament.
This work divided into four chapters, each chapter has its own introduction and conclusion; there is also a general conclusion which appears in the last chapter.
In chapter one, is much concerning with the general view of the problem and objective of the research are explained. The chapter also bears the literature review part, where writings of various authors and researchers on the subject of the powers of the High Court and legislature are explained.
In chapter two, covers the general concept of judiciary under the frame work of the concept of the powers of the High Court as well as various laws governing it, which are directly or indirectly touches the question of the powers of the High Court towards the laws enacted by Parliament
Under chapter three, is all about data analysis and presentation of results; that the data analysis and research findings of the topic in hand are therein explained. For instance, there procedures followed by the Parliament in the process of making laws including; presentation of bills, debate of the bill, assent of the bill by the President and publication into the Government gazette. Then in case the law is unconstitutional the High court shall declare such law as unconstitutional if deems fit.
The last chapter which is chapter four provides the general summary of the work, that the High Court have the power which provided in the Constitution to invalidate the laws enacted by Parliament and the Parliament owes the duty to make amendments towards invalid laws. In conclusion and recommendation is that the Parliament of Tanzania should adopt the of United States and that of Kenya where there are special committees that deals with amendment of unconstitutional laws rather than being discussed by all Members of Parliament like in Tanzania.