Rule of Law vs. Rulers of Law. Justice Barnabas Albert Samatta's Road To Justice PDF Download
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Author: Issa G. Shivji
Publisher: African Books Collective
ISBN: 9987080553
Category : Biography & Autobiography
Languages : en
Pages : 276
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Book Description
Author: Issa G. Shivji
Publisher: African Books Collective
ISBN: 9987080553
Category : Biography & Autobiography
Languages : en
Pages : 276
Get Book Here
Book Description
Author: Issa Shivji
Publisher: African Books Collective
ISBN: 9987080618
Category : Law
Languages : en
Pages : 276
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Book Description
Mr. Justice Barnabas Samatta retired from the Bench in July 2007 after a distinguished legal career spanning 41 years. Of the four decades of active life, he was a State Attorney, half of which he was the Director of Public Prosecutions. For the rest of the period, he was at then bench of the High Court of Tanzania and ten years in the Court of Appeal. At his retirement, he had spent seven years as Chief Justice of the country, thus at the helm of one of the three branches of the State. This book reproduces some of the leading judgements written by Justice Samatta. It highlights, in a critical fashion, some of his beliefs and observations as embedded in his decisions and speeches. This is to celebrate him as an example of an ethical lawyer whose integrity cannot be questioned, making him a worthy model for the younger generation to emulate and draw inspiration from. Justice Samatta's decisions touched on key areas of: Rule of Law and the Consitution, where he emphasised that the constitution crystallises a consensus among citizens as to the nature and character of their polity and governance; Access to Justice, about which he believed that the doors to justice should be opened to all regardless of their station in life or economic position; Ethics, Integrity and Professionalism where he frequently quoted Nyerere 'There are some jobs in our society that can be done by unethical people...Being a judge or a magistrate is not one of these jobs...'; and Environmental Law where he argued 'The vulnerability of our planet has reached such a depressing degree that there is no greater service judges can render to mankind than playing their role in the protection of the environment...' He summarised his life-long conviction by saying: 'Let everyone in our society give justice a chance to prevail'.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369
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Book Description
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author: Joseph Oloka-Onyango
Publisher: Cambridge Scholars Publishing
ISBN: 1443864099
Category : Political Science
Languages : en
Pages : 380
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Book Description
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the politically victimized. The focus of the book is on judicial struggles over sexual and gender-based discrimination, social justice and poverty, and the adjudication of presidential elections. Employing the device of case deconstruction and analysis, the study uncovers the conceptual and structural factors which have witnessed public interest litigation emerge as a critical factor in the struggle for more inclusive and equitable structures of governance and social order. Needless to say, as judges battle with time-honoured legal precedents, received dogmas and contending (and often antagonistic) societal forces, the struggle in the courts is neither straightforward nor necessarily always transformative.
Author: Rachel Ellett
Publisher: Routledge
ISBN: 1135966052
Category : Law
Languages : en
Pages : 270
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Book Description
This book examines the complex relationship that exists between the construction of judicial power, and the institutional characteristics of the courts and their regime setting. It examines the intriguing connection between the construction of judicial power on the one hand, and the institutional characteristics of the courts and regime setting on the other. The book asks whether courts are rendered powerful by virtue of their institutional characteristics or by a supportive, perhaps acquiescent, regime setting. By analyzing the historical pathways of courts in Uganda, Tanzania and Malawi, this book argues that the emergence of judicial power since the colonial period, though fraught with many challenges, presents a unique opportunity for consolidating democracy. The book examines in detail the significant political decisions of the upper-level courts in Uganda, Tanzania and Malawi from the colonial period to the present day, analyzing them in relation to changes in the political environment over time. Analysis of these decisions is also supplemented by in-depth interviews with judges, lawyers and other important stakeholders in the judicial processes. This book demonstrates that even in the most challenging regime environments, effective institutions and determined individuals can push back against interference and issue politically powerful, independent decisions but the way in which judiciaries respond to this regime pressure varies enormously across countries and regions.
Author: SULPHEY, M. M.
Publisher: PHI Learning Pvt. Ltd.
ISBN: 9389347572
Category : Business & Economics
Languages : en
Pages : 456
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Book Description
The knowledge of business laws is very important for the survival and growth of any organisation. This comprehensive and well-written book, in its Fifth Edition, continues to present a thorough discussion of various legal topics such as contract laws, corporate laws, labour legislations, taxation laws and the related Acts, including the Sale of Goods Act, 1930, the Negotiable Instruments Act, 1881, the Consumer Protection Act, 1986, the Insurance Act, 1938, the Limited Liability Partnership Act, 2008, the Companies Act, 2013, the Foreign Exchange Management Act, 1999, the Information Technology Act, 2000, the Environment Protection Act, 1986, the Right to Information Act, 2005, the Right to Education Act, 2009, the National Food Security Act, 2013 and other important Acts. The book contains many practical examples and studies of different law cases, which make it more interesting and authentic. In addition, the book incorporates chapter-end questions. Moreover, mind maps provided in most of the chapters give readers a brief idea about the concepts discussed. More practical exercises in the form of case studies in the questions section, and format of a number of documents make the book quite informative. The book is primarily designed for the undergraduate and postgraduate students of management and other related courses for their subject Business Law. Besides, the professionals and legal practitioners will also find the book very useful. NEW TO THIS EDITION • Chapter on Code on Wages, 2019. TARGET AUDIENCE • BBA • MBA • PGDM
Author: Rick Warren
Publisher: Zondervan
ISBN: 0310273927
Category : Religion
Languages : en
Pages : 242
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Book Description
Drawing simple but powerful truths fron the Bible, this book gives practical guidance for personal transformation and spiritual growth.
Author: P.L.O Lumumba
Publisher: African Books Collective
ISBN: 9966031898
Category : Law
Languages : en
Pages : 380
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Book Description
The Constitution of Kenya: Contemporary Reading, provides an in-depth assessment of the interface between constitutionalism and Kenyas new Constitution. Focusing on the historical trajectory on the search for a new Constitution, Chapter One lays the groundwork upon which the fault line between constitutionalism and the issue areas are articulated in the other chapters in relation to the new Constitution. The superb chapters on the carefully selected issue areas, make this edited volume an essential reading. The book makes an important contribution to the evolving constitutionalism and policy clarification on Kenyas new Constitution. It is a welcome and timely intervention by legal scholars and practitioners on the new constitution and the challenges facing Kenya in its implementation. The book is an excellent teaching and reading manual for students in law, history, politics, diplomacy, and international relations as well as for the practitioners.
Author: Patrick Kiage
Publisher: African Books Collective
ISBN: 9966031987
Category : Law
Languages : en
Pages : 278
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Book Description
Written in a clear, concise and engaging style this book presents the entire criminal process in a simple, yet authoritative and informative way. The core principles that underpin the criminal procedure, their rationale and assumptions are well articulated and critiqued. In addition the book presents by way of illustration a comprehensive range of the latest local judicial decisions.
Author: J. Mashamba
Publisher: African Books Collective
ISBN: 998775354X
Category : Law
Languages : en
Pages : 226
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Book Description
Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes through courts of law. ADR simply entails all modes of dispute settlement/resolution other than the traditional approaches of dispute settlement through courts of law. Mainly, these modes are: negotiation, mediation, [re]conciliation, and arbitration. The modern ADR movement began in the United States as a result of two main concerns for reforming the American justice system: the need for better-quality processes and outcomes in the judicial system; and the need for efficiency of justice. ADR was transplanted into the African legal systems in the 1980s and 1990s as a result of the liberalization of the African economies, which was accompanied by such conditionalities as reform of the justice and legal sectors, under the Structural Adjustment Programmes. However, most of the methods of ADR that are promoted for inclusion in African justice systems are similar to pre-colonial African dispute settlement mechanisms that encouraged restoration of harmony and social bonds in the justice system. In Tanzania ADR was introduced in 1994 through Government Notice No. 422, which amended the First Schedule to the Civil Procedure Code Act (1966), and it is now an inherent component of the country's legal system. In recognition of its importance in civil litigation in Tanzania, ADR has been made a compulsory subject in higher learning/training institutions for lawyers. This handbook provides theories, principles, examples of practice, and materials relating to ADR in Tanzania and is therefore an essential resource for practicing lawyers as well as law students with an interest in Tanzania. It also contains additional information on evolving standards in international commercial arbitration, which are very useful to legal practitioners and law students.
