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- Dec 11, 2011
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Baadhi ya wanasheria wanasema tujitoe kwenye IGA kwa sababu tukishindwa kutekeleza tunaweza kushitakiwa. Mwanazuoni huyu anakataa- soma:-
Intergovernmental agreements
Authors: Daryl R Williams
Abstract
Intergovernmental agreements are made by a variety of parties and in differing ways, take a wide range of forms, deal with many different subject-matters, and are entered into for differing purposes. While the essential feature of an intergovernmental agreement is cooperative action by different jurisdictions, the purposes sought to be achieved by the different parties may be quite different. Most intergovernmental agreements are not justiciable, since the political nature of the agreement and, sometimes, the lack of precision in its terms, negate an intention to create legal relations. The most direct source of power to make intergovernmental agreements is section 61 of the Commonwealth Constitution. Two recent cases in the High Court of Australia have regenerated interest in intergovernmental agreement
justiciable means
Ni vizuri waje humu watwambie tunaweaje kushitakiwa
Intergovernmental agreements
Authors: Daryl R Williams
Abstract
Intergovernmental agreements are made by a variety of parties and in differing ways, take a wide range of forms, deal with many different subject-matters, and are entered into for differing purposes. While the essential feature of an intergovernmental agreement is cooperative action by different jurisdictions, the purposes sought to be achieved by the different parties may be quite different. Most intergovernmental agreements are not justiciable, since the political nature of the agreement and, sometimes, the lack of precision in its terms, negate an intention to create legal relations. The most direct source of power to make intergovernmental agreements is section 61 of the Commonwealth Constitution. Two recent cases in the High Court of Australia have regenerated interest in intergovernmental agreement
justiciable means
justiciability
Overview
Justiciability refers to the types of matters that a court can adjudicate. If a case is "nonjusticiable," then the court cannot hear it. Typically to be justiciable, the court must not be offering an advisory opinion, the plaintiff must have standing, and the issues must be ripe but neither moot nor violative of the political question doctrine. Typically, these issues are all up to the discretion of the court which is adjudicating the issue.Ni vizuri waje humu watwambie tunaweaje kushitakiwa