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Five sources of law in Tanzania are:



1) Constitution 

The Constitution of Tanzania is the supreme law of the land, which means that it is the highest source of law in Tanzania. All other laws, including Acts of Parliament, must conform to the provisions of the Constitution, and any law that is inconsistent with the Constitution is deemed to be invalid.

The Constitution outlines the fundamental principles and values of the country, including the rights and freedoms of individuals, the organization and structure of the government, and the separation of powers between the executive, legislative, and judicial branches. It also establishes the system of governance, including the roles and responsibilities of the president, the judiciary, and the parliament.

The Constitution is the foundation for all laws in Tanzania, and it is through the Constitution that the rights and duties of citizens, as well as the powers and limitations of the government, are established. As such, any law that is passed must be consistent with the provisions of the Constitution, and any violation of the Constitution can be challenged in court.

In summary, the Constitution is the source of law in Tanzania because it provides the legal framework for the country, establishes the system of governance, and sets out the fundamental principles and values of the country.

2). Statutes 

Statutes, also known as Acts of Parliament or legislation, are a primary source of law in many legal systems, including Tanzania. Statutes are laws that are passed by the legislative body, which in Tanzania is the National Assembly, and they are binding on all citizens and legal entities in the country.

Statutes are created to address specific issues or concerns in society, and they can cover a wide range of subjects, such as criminal law, commercial law, family law, and labor law. Once a statute has been passed, it becomes part of the legal system and takes precedence over any previous laws or customs that may have existed on the same topic.

The process of passing a statute involves several steps, including the introduction of the proposed law, discussion and debate in the National Assembly, and finally, the approval and signing of the bill by the President. Once a statute has been signed into law, it is published in the official gazette and becomes a source of law.

In Tanzania, statutes are a critical source of law because they reflect the will of the people as expressed through their elected representatives. Statutes establish rules and guidelines for behavior and can provide legal remedies for those who have been wronged or harmed. As such, statutes play a vital role in shaping society and ensuring that citizens are protected and treated fairly under the law.

3). International law

International law is a source of law in Tanzania and refers to the body of rules and principles that govern relations between states and international organizations. Tanzania, like many other countries, is a signatory to various international treaties, conventions, and protocols, which form part of the law of the land. These international agreements are binding on Tanzania and can influence the development of domestic law.

Here are some examples of international laws that Tanzania is a signatory to:

i. Universal Declaration of Human Rights (UDHR): Tanzania is a signatory to the UDHR, which is a landmark document that outlines the basic rights and freedoms that should be guaranteed to all individuals.

ii. International Covenant on Civil and Political Rights (ICCPR): Tanzania is a signatory to the ICCPR, which is a treaty that recognizes and protects civil and political rights, such as the right to life, freedom of speech, and the right to a fair trial.

iii. Convention on the Rights of the Child (CRC): Tanzania is a signatory to the CRC, which is an international treaty that sets out the rights of children and the obligations of states to protect and promote these rights.

iv. Paris Agreement on Climate Change: Tanzania is a signatory to the Paris Agreement, which is an international treaty that aims to limit global warming and reduce greenhouse gas emissions.

v. African Charter on Human and Peoples' Rights: Tanzania is a signatory to the African Charter, which is a regional human rights instrument that promotes and protects human rights in Africa.

These international laws and agreements influence the development of domestic law in Tanzania and can be used by courts to interpret and apply local laws. Additionally, Tanzania has also incorporated some of these international laws into its domestic legal system, such as the ratification of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which was enacted into Tanzanian law as the Law of Marriage Act.

4).Precedents 

In Tanzania, judicial precedent is a source of law that is used by courts to decide cases. Precedent refers to the principles and rules established by previous court decisions, which can be relied upon by judges to guide their decision-making in similar cases.

When a court makes a decision in a case, it establishes a legal principle or rule that can be used to guide future decisions in similar cases. This principle becomes a precedent and is binding on lower courts within the same jurisdiction. In Tanzania, the Court of Appeal is the highest court and has the power to establish binding precedent on all lower courts.

Lower courts in Tanzania are required to follow the precedents established by higher courts in their decision-making, and failure to do so can result in their decisions being overturned on appeal. Precedents can also be persuasive in cases heard by courts at the same level or in different jurisdictions, and judges can use them to support their reasoning in their judgments.

Precedent plays an important role in the development of the law in Tanzania as it ensures consistency in the application of the law and provides guidance to judges in their decision-making. The use of precedent also allows the law to adapt and evolve to changing circumstances and societal needs, as courts can apply established principles in new contexts.

Overall, judicial precedent is an important source of law in Tanzania, as it helps to ensure the predictability and consistency of the legal system and contributes to the ongoing development of the law.

5) Bilateral Agreements/Treaties. 

Agreements or treaties are another source of law in Tanzania. When Tanzania enters into an international agreement or treaty with another country or a regional organization, the terms of the agreement or treaty become part of the domestic legal system and are binding on the country.

The East African Community (EAC) Treaty is one such agreement that is a source of law in Tanzania. The EAC Treaty is a regional treaty that was signed by Tanzania, Kenya, Uganda, Rwanda, Burundi, and South Sudan, establishing the East African Community as a regional intergovernmental organization.

Under the EAC Treaty, the member states agreed to work together to promote economic integration, political cooperation, and social development in the region. The EAC Treaty is binding on Tanzania and has been incorporated into Tanzanian law through the East African Community Act, which was enacted by the Tanzanian Parliament in 1999.

The East African Community Act establishes the legal framework for the implementation of the EAC Treaty in Tanzania, and provides for the establishment of various institutions and bodies to facilitate regional integration. The Act also outlines the rights and obligations of Tanzania as a member state of the EAC, and provides for the resolution of disputes that may arise between member states.

Overall, the EAC Treaty is an important source of law in Tanzania, as it promotes regional cooperation and integration and establishes legal obligations and rights that are binding on the country. The incorporation of the EAC Treaty into Tanzanian law demonstrates the country's commitment to regional integration and its willingness to work with other countries to achieve common goals.

6) Customary law.

Customary law is another source of law in Tanzania. Customary law refers to the unwritten rules and practices that are developed and followed by a particular community or group, and which are recognized and enforced by the legal system.

In Tanzania, customary law applies to matters such as marriage, divorce, inheritance, and land rights, among others. Customary law is often based on the customs and traditions of different ethnic and cultural groups in Tanzania, and is passed down through generations by word of mouth.

Customary law in Tanzania is recognized and enforced by the courts, and is considered to be a legitimate source of law alongside other sources such as statutory law and judicial precedent. The courts in Tanzania often rely on customary law to resolve disputes, particularly in rural areas where customary practices are still widely observed.

However, the application of customary law in Tanzania is not always straightforward, as it can conflict with other sources of law such as the Constitution or statutory law. In such cases, the courts must balance the competing interests and principles and determine the appropriate course of action.

Overall, customary law is an important source of law in Tanzania, particularly in rural areas where it continues to play a significant role in the daily lives of many people. The recognition and incorporation of customary law into the legal system ensures that the laws and practices of different communities and cultures in Tanzania are respected and upheld.

7) Islamic law.

Islamic law, also known as Sharia law, is a source of law in Tanzania, particularly for the country's Muslim population. Islamic law is based on the teachings of the Quran and the Hadith, and is interpreted by Islamic scholars and jurists to provide guidance on various aspects of life, including personal and family matters, business transactions, and criminal law.

In Tanzania, Islamic law is applied in matters such as marriage, divorce, inheritance, and property rights for Muslims. Islamic law is recognized and enforced by the courts, and decisions based on Islamic law can be appealed to higher courts.

One example of how Islamic law is applied in Tanzania is through the Law of Marriage Act, which recognizes Islamic marriages as valid legal marriages. The Act provides for the registration of Islamic marriages and outlines the legal rights and obligations of the parties involved. Islamic law is also used in Tanzania to resolve disputes through alternative dispute resolution mechanisms, such as the Council of Islamic Courts, which operates in Zanzibar. The Council provides a forum for the resolution of disputes based on Islamic law, and its decisions are recognized and enforced by the courts.

Overall, Islamic law is an important source of law in Tanzania, particularly for the country's Muslim population. Its recognition and incorporation into the legal system ensures that the laws and practices of the Muslim community in Tanzania are respected and upheld.

8) Common law.

Common law is another source of law in Tanzania, which is based on the legal system inherited from the British colonial era. Common law is a system of law that is developed by judges through the application of judicial precedent, rather than by legislation or executive action. In Tanzania, common law is applied in a number of areas, including contract law, tort law, and criminal law. The principles of common law are also used in the interpretation and application of statutory law. For example, in contract law, the principles of common law are used to interpret and enforce contracts between parties. In tort law, the common law principles of negligence and duty of care are used to determine liability in cases of personal injury or property damage.

In criminal law, the common law principles of mens rea (criminal intent) and actus reus (criminal act) are used to determine guilt or innocence in criminal cases. The application of common law in Tanzania is supported by the Judicature and Application of Laws Act, which provides for the application of common law principles in cases where there is no specific provision in statutory law.

Overall, common law is an important source of law in Tanzania, particularly in areas where there is no specific statutory provision. Its application ensures consistency and predictability in the legal system, and provides a basis for the development of new legal principles and doctrines over time.

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