By Evarist Baimu Nyaga Mawalla - Home

There is the other question, how does the court in an orlinary civil suit quash thedecision of the minister when there is no order of corturari applied for norgranted? Perhaps the latter question can be ansered by stating that a voiddecision need no formal quashing order, as it is a decision which is nonexistencein law.The mere fact that the legical conclusion of the Accisions of the Tanzania Courtof Appeal is to the affect that the courts themselves can decide the dispute onmerits instead of remandong it to the requisite decision – maker loads tomonstrous results. The courts may rightly be accused of usurping power of theadministrates and members of the executive. Thus the present case raises inacute form the constitutional problem of separation of powers betweenParliament, the Executive and the Courts. There is a timely reminder of the limitof the Court’s powers by Lord Brightman of the House of Lords of England in thecase of Chief Constable of the North Wales Police Vrs. Evans: (1982) V.L.R.1155 where at P. 1173 he said:“Judicial review is concerned, not with the decision, but with the decision-makingprocess. Unless that restriction on the power of the court is observed, the courtwill in view, under the guiso of preventing the abuse of power, be itself guilty ofusurping power’.And on the some point Lord Samon of the rise of Lords in the case of Secretaryof State Vrc, Nottighamshire Country council: (1986) L.R.C. (Const.) 769 hassafed to the affect that:“Judicial review is a grant weapon in the kinds of the judges:622