By Evarist Baimu Nyaga Mawalla - Home

Lord alkin said in a famous passage, alert to see that any corcise action isjustified in low. To which I would add: alert to see that a powerconcretionary power is not untrammolled. It has tobe exercised with a due sense of responsibility. I has to be exercised wisely andwith due judicial restraint; and only whom the prerogative orders have beeninvoked. If judicial review has the aforesaid widespread effect on governmentadministration, can there be any farms those tis any truly became an instrumentof sabotaged. In my view, there is, and it lies first in the failure to follow thenearby road of judicial legitimacy in avoiding breach of the limits of judicialreview. Lord Devlin in his work Judges and Lawakars’ (1976) 39 H.L.R. 1 ct p.5calls that breach of limits as judicial demis and says it is antithetical to publicconfidence in the legal system. Some other lawyers have termed such breach ofjudicial limits as judicial Adventuris, while myself in the case of Air Hanza UmarYrs, Unistor for Local Government, Cooperatives and Marketing: Mwanza Msc.Civil Cause No. S of 1989 (unreported) has termed it as Judicial Importialism.While the judges have a duty to expand judicial review too rich and too littleintervention must be fixed in principle.For example a clear policy aim of he government of Tanzania has been to havethe Labour disputes decided outside the judicial process. Yet the Tanzania Courtof appeal has authorized the courts to decide the labour disputes after declaringthe decision of the Minister void, and that reveals clearly that the courts are quiteinsensitive to the policy aim of the government and that say be interpreted as624