{"title":"坦桑尼亚的司法系统可以向德国学习什么?","authors":"Issa Maige","doi":"10.5771/2363-6270-2019-2-235","DOIUrl":null,"url":null,"abstract":"In November 2019, the author together with Justice Thadeo Mwenempazi represented the judiciary of Tanzania in an exchange programme for judges and lawyers held in Germany.1 The programme involved visiting of various courts and law enforcement agencies. In the process, the author participated in various discussions with judges, public prosecutors, ad‐ vocates and jurists on legal system in Germany. The legal systems in these two countries are significantly different. While Tanzania follows the adversarial system, Germany follows the inquisitorial system. Nevertheless, it is a fact that neither of the systems can claim to be better than the other. There is, however, a lot which each of the systems can learn from an‐ other. This report, therefore, is an observation of the lessons that Tanzania can learn from the German judicial system. It is contended that a combination of adversarial and inquisito‐ rial systems in some areas of the law may be relevant in addressing some of the apparent weaknesses in the system of administration of justice in Tanzania. In so doing, this paper discusses, basing on the observations from the exchange programme in Germany and some documentary review, the legal systems and judicatures in the two countries and pinpoints what Tanzania can learn from Germany. For obvious reason, the report shall confine itself to Tanzania Mainland and the German State of Baden-Württemberg.","PeriodicalId":121115,"journal":{"name":"Recht in Afrika","volume":"68 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"What can the Tanzania Judicial System learn from Germany?\",\"authors\":\"Issa Maige\",\"doi\":\"10.5771/2363-6270-2019-2-235\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In November 2019, the author together with Justice Thadeo Mwenempazi represented the judiciary of Tanzania in an exchange programme for judges and lawyers held in Germany.1 The programme involved visiting of various courts and law enforcement agencies. In the process, the author participated in various discussions with judges, public prosecutors, ad‐ vocates and jurists on legal system in Germany. The legal systems in these two countries are significantly different. While Tanzania follows the adversarial system, Germany follows the inquisitorial system. Nevertheless, it is a fact that neither of the systems can claim to be better than the other. There is, however, a lot which each of the systems can learn from an‐ other. This report, therefore, is an observation of the lessons that Tanzania can learn from the German judicial system. It is contended that a combination of adversarial and inquisito‐ rial systems in some areas of the law may be relevant in addressing some of the apparent weaknesses in the system of administration of justice in Tanzania. In so doing, this paper discusses, basing on the observations from the exchange programme in Germany and some documentary review, the legal systems and judicatures in the two countries and pinpoints what Tanzania can learn from Germany. For obvious reason, the report shall confine itself to Tanzania Mainland and the German State of Baden-Württemberg.\",\"PeriodicalId\":121115,\"journal\":{\"name\":\"Recht in Afrika\",\"volume\":\"68 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"1900-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Recht in Afrika\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5771/2363-6270-2019-2-235\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Recht in Afrika","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5771/2363-6270-2019-2-235","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
What can the Tanzania Judicial System learn from Germany?
In November 2019, the author together with Justice Thadeo Mwenempazi represented the judiciary of Tanzania in an exchange programme for judges and lawyers held in Germany.1 The programme involved visiting of various courts and law enforcement agencies. In the process, the author participated in various discussions with judges, public prosecutors, ad‐ vocates and jurists on legal system in Germany. The legal systems in these two countries are significantly different. While Tanzania follows the adversarial system, Germany follows the inquisitorial system. Nevertheless, it is a fact that neither of the systems can claim to be better than the other. There is, however, a lot which each of the systems can learn from an‐ other. This report, therefore, is an observation of the lessons that Tanzania can learn from the German judicial system. It is contended that a combination of adversarial and inquisito‐ rial systems in some areas of the law may be relevant in addressing some of the apparent weaknesses in the system of administration of justice in Tanzania. In so doing, this paper discusses, basing on the observations from the exchange programme in Germany and some documentary review, the legal systems and judicatures in the two countries and pinpoints what Tanzania can learn from Germany. For obvious reason, the report shall confine itself to Tanzania Mainland and the German State of Baden-Württemberg.