Administration of Justice in Tanzania and Zanzibar: A Comparison of Two Judicial Systems in one Country

Abstract

Sterilisation and the Mentally Disabled 395 woman. Doctors, as always, must be careful in making their decisions, and the possibility of legal redress against them for assault if there is no real necessity 33 should act as sufficient incentive to them to act with caution and care in coming to this fundamentally important decision. E. Conclusion The best interests test may be a difficult one to interpret and apply. But that is clearly the sole test paid regard to by the courts in both Canada and England. Issues of public policy, fundamental rights, and the treatment of the mentally disabled in general may be important matters, but they take second place to this basic test. The treatment of Re Eve by the House of Lords in Re B. illustrates the dangers of uncritically paying regard to the outcome of a particular case without detailed analysis of how that decision was reached. A unanimous decision of the Supreme Court of Canada, reached after many years of legal debate, deserves better treatment in the supreme court of the English judicial system than the cursory and factually invalid <ti«mi«nl that Re Eve was subject to in the House of Lords.