African Trade and Investment Law (Law/Economics/Business crossover) | 18 September 2009
Constitutional Safeguards and Legal Compliance in Tanzanian Transitions: An Action Research Study
M, u, s, o, k, e, S, s, e, r, u, n, k, u, m, a, ,, K, a, b, o, g, o, z, a, M, u, h, i, m, b, i, w, a
Abstract
Transitions in African countries often face challenges related to constitutionalism and legal compliance, particularly where economic development is concerned. An action research approach was employed, involving interviews with key stakeholders including judges, lawyers, and government officials. Data collection included legal documents and semi-structured discussions. A notable theme emerged regarding the effectiveness of judicial oversight in ensuring compliance with constitutional mandates; judges expressed a willingness to enforce these provisions but faced resource constraints. While judicial independence is crucial for upholding the rule of law, there are practical challenges that need addressing through improved administrative support and resources. The government should allocate more funding to courts and enhance their operational capabilities. Additionally, training programmes for judges on constitutional provisions should be intensified.