MZUMBE UNIVERSITY

FACULTY OF LAW

LAW 226: ADMINISTRATIVE LAW I

SEMINAR QUESTIONS

General instructions

 These are group questions, however, individual efforts is highly encouraged

 All works should be typed using Times New Roman font, word size (12-
main text, 10-footnotes), line spacing 1.5 and be justified

QUESTION ONE

“Power corrupt and absolute power corrupt absolutely”

Critically Discuss the above statement in the light of development of administrative law
QUESTION TWO

Discuss on the doctrine on independence of judiciary and critically assert in its relevancy to a
modern democratic state of Tanzania.

QUESTION THREE

The doctrine of Rule of Law is not a product of single factor. It is a combination of multiple
factors when dealt together they clearly distinguish authoritarian government from democratic
government. Critically Discuss.

QUESTION FOUR

The difference between administrative law and constitutional law is not one which is
fundamental and in actual fact that there is no clear or definite gap between those two laws.
There is a significant overlap between the two and no one wonder one would suggest them to be
one law instead of separate branches of law. Is this statement correct? With clear examples,
illustration and authorities substantiate the veracity of this statement.
QUESTION FIVE

“The parliament cannot make laws for every eventuality. It is absolutely absurd to even think of
it. The reality is that such legislative powers have to be delegated. And whenever such delegated
powers are exercised, they have to be exercised intra vires. And to ensure that, certain
safeguards must be set to control abuse of such powers” Discuss this quotation with the aid of
relevant authorities.

QUESTION SIX

Fairness is a flexible concept and its exact requirement will vary according to the circumstances
of the case. However, the right to reasons for the decision is considered to be one of the
important ingredients of fairness.

Discuss the advantages to the giving of reasons for the decision.

QUESTION SEVEN

a. With vivid examples and relevant case laws, discuss the doctrine of ultra-vires in respect
to administrative actions in Tanzania.

b. T.C Hartley writes that, “the person to whom a discretionary power is given is not
obliged to exercise the power but he is obliged in appropriate circumstances, to make a
considered decision whether to exercise the power or not.” – In Government and Law at
p. 342. How far do you think administrative discretion is regulated in Tanzania in light of
abuse of such power? Give reasoned justifications for your answers.

QUESTION EIGHT

a. “Delegatus non potestdelegare.” Discuss this statement with the aid of decided cases.

b. What do you understand by the phrase “Administrative quasi legislation”, and how would
you distinguish the same from a delegated legislation?
QUESTION NINE

Discuss the law relating to public servants participation to politics in Tanzania and any
restrictions for them to do so, and the rationale behind such restrictions.