ubongokid
JF-Expert Member
- Apr 30, 2017
- 2,017
- 3,874
There is a compendium of information on the history of the justice system which emphasize the inalienable nature of justice which is endowed to all mankind. It saves to say that all our legal and moral rights which all come with a degree of responsibility are not by any means provided as a favor and no one especially one learned in the studies of the judicial process should imply that they are a favor.
We cannot avoid a constitutional crisis and the crisis will not avoid us. There is no easy way to escape from our responsibilities without facing the consequences. There are people, great people who stood up to all kinds of injustices and who for their actions we now enjoy the rights and freedoms that we have. It is therefore our duty when an opportunity occurs to safeguard our justice system to come forward and defend this freedom without which we will not leave a happy life.
The issue that I intend to discuss in this brief article pertains to a subject that is very sensitive and which requires deep thoughts to discern the status quo. It is the issue of the separation of Power in the system of state administration.
I will commence by elaborating on the matter of separation of power and the philosophy and the doctrine behind it. Historically especially in most nations the Monarchs had absolute power over their subjects. The King was the ruler,the judge and the council. His wisdom was the guiding mantle of the Nation.
As nations evolved thing changed and we had democracy and republics replace the old monarchs. With that came the issue of power and hence the doctrine of the separation of power was born.
Under the doctrine the state power is separated into three organs/four organs as I like to view it personally,The Executive,The Legislature,The Judiciary and The People(Yes the people as a whole with their sentiments,cultures,opinions,fears,expectations,and much more)
In running the state the four organs should and must have an equal power in deciding the fate of their nation for they are all but one people and their fate is one to be the nationals of this Nation.
When one organ decides to take more power or less power the systematic imbalance will automatically be corrected with or without control and hence we have civil wars,coup d'etat and anarch etc.It serves to warn at this point that any attempt to disturb the balance of power will consequently lead to blodshed and revolution with no regards to who is in the wrong.
In Tanzania as the case may be we are witnessing events which are somewhat likely to lead to power imbalance.We have had many of those and it is the matter of time before it becomes too late.It is important therefore for everyone involved both nobles and slaves to understand that the fate of our nation is in danger and that we need to ensure those who want to cause havoc do not succeed.
The Judiciary must first and foremost deliver justice,the issue of constitutional crisis should not be avoided but confronted to ensure that we all have clear grounds and justice prevails. We cannot deny justice to avoid constitutional crisis although they are both equally significant. We must learn to mount both horses if we a re to become a just society.
The legislature must understand its role as the voice of the people,not the voice of the executive,being a rubber stamp parliament might appeal for sometime but remember it is a matter of time before the same unjust laws that you pass will become a burden to you or your loved ones and they will need to be repelled and to what end. You are the peoples' voice and you should speak in the tone of the people.
The executive may have the state machinery but it does not mean that the state is free from impunity.We are all responsible of the future of our nation and any injustices will demand justice and somewhere in the future history will judge you. And Karma.
So as you contemplate on the future of this nation,ask your self is our legal system facing a moral crisis?
We cannot avoid a constitutional crisis and the crisis will not avoid us. There is no easy way to escape from our responsibilities without facing the consequences. There are people, great people who stood up to all kinds of injustices and who for their actions we now enjoy the rights and freedoms that we have. It is therefore our duty when an opportunity occurs to safeguard our justice system to come forward and defend this freedom without which we will not leave a happy life.
The issue that I intend to discuss in this brief article pertains to a subject that is very sensitive and which requires deep thoughts to discern the status quo. It is the issue of the separation of Power in the system of state administration.
I will commence by elaborating on the matter of separation of power and the philosophy and the doctrine behind it. Historically especially in most nations the Monarchs had absolute power over their subjects. The King was the ruler,the judge and the council. His wisdom was the guiding mantle of the Nation.
As nations evolved thing changed and we had democracy and republics replace the old monarchs. With that came the issue of power and hence the doctrine of the separation of power was born.
Under the doctrine the state power is separated into three organs/four organs as I like to view it personally,The Executive,The Legislature,The Judiciary and The People(Yes the people as a whole with their sentiments,cultures,opinions,fears,expectations,and much more)
In running the state the four organs should and must have an equal power in deciding the fate of their nation for they are all but one people and their fate is one to be the nationals of this Nation.
When one organ decides to take more power or less power the systematic imbalance will automatically be corrected with or without control and hence we have civil wars,coup d'etat and anarch etc.It serves to warn at this point that any attempt to disturb the balance of power will consequently lead to blodshed and revolution with no regards to who is in the wrong.
In Tanzania as the case may be we are witnessing events which are somewhat likely to lead to power imbalance.We have had many of those and it is the matter of time before it becomes too late.It is important therefore for everyone involved both nobles and slaves to understand that the fate of our nation is in danger and that we need to ensure those who want to cause havoc do not succeed.
The Judiciary must first and foremost deliver justice,the issue of constitutional crisis should not be avoided but confronted to ensure that we all have clear grounds and justice prevails. We cannot deny justice to avoid constitutional crisis although they are both equally significant. We must learn to mount both horses if we a re to become a just society.
The legislature must understand its role as the voice of the people,not the voice of the executive,being a rubber stamp parliament might appeal for sometime but remember it is a matter of time before the same unjust laws that you pass will become a burden to you or your loved ones and they will need to be repelled and to what end. You are the peoples' voice and you should speak in the tone of the people.
The executive may have the state machinery but it does not mean that the state is free from impunity.We are all responsible of the future of our nation and any injustices will demand justice and somewhere in the future history will judge you. And Karma.
So as you contemplate on the future of this nation,ask your self is our legal system facing a moral crisis?
