A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of Requirement for Award of Degree of Bachelor of Laws (LL.B) of Mzumbe University.
The principle of binding precedent is one of the features of common law of England, presently operating in Tanzania. It now forms part of the sources of law in Tanzanian legal system. Outstanding to the sociological changes currently taking place, there have been concerns over the credit given to the principle of binding precedent and the application of information technology (IT) in the administration of justice in Tanzania. This study has discussed the possible effects likely to result from strict adherence to the principle of binding precedent and access of cases through information technology which may also fetter the proper development of the law.
The research contains five chapters which have exhaustively discussed the concepts and findings of the topic which is “The Principle of Binding Precedent and Information Technology” as follows: Chapter one: Is about the background of the study on the development of the principle of binding precedent. It gives the historical background of the principle and some concepts related to the study which the researcher encountered during the study. Chapter two: Contains the conceptual framework of the principle of binding precedent in general. It discusses the terms, the rationale, the advantages and disadvantages of the principle of binding precedent and the notion of judge made laws. Chapter three: Is about the analytical study of binding precedent and information technology. It intends to identify areas of improvement for Tanzania through examining practices of the principle in Courts jurisdictions the same with the application of the information technology. Chapter four: Is all about Conclusion of the research study, it also contains recommendations on the measures to be undertaken to address the findings on the hypothesis that overreliance principle of binding precedent and access of it through information technology checks the proper administration of justice, further it examines and discusses the study findings in relation to the hypothesis that “overreliance on the principle of binding precedent and access of it through information technology hinders the proper administration of justice and proper development of the law in Tanzania.”.