TYPES AND TECHNIQUES OF LEGAL RESEARCH FOR EFFECTIVE LAW REFORM IN TANZANIA

Abstract

This article examines different types and techniques of legal research and how they can facilitate effective law reform in Tanzania. Special attention is given to the Law Reform Commission of Tanzania (LRCT), the only institution entrusted with the function to reform the law in Tanzania. It is argued that, though law reform in Tanzania is research based, the types and techniques that the LRCT employs in research for the purpose of law reform are not clear. This conclusion is drawn from the analysis of the following: the law regulating the LRCT; the laws reformed by the LRCT; Some reports by the LRCT; and the Constitution of the United Republic of Tanzania, 1977. Generally, it is argued that, lack of seriousness to abide by the relevant types and techniques of legal research and take the Constitution onboard in the process of research for law reform renders the reformed law ineffective. It is accordingly recommended that, the LRCT should be more transparent in the manner it undertakes legal research and, in the techniques, it employs in research for law reform. The LRCT must always proceed from the Constitution in its process of law reform and strive to improve the research capacity of its members.