- Title
- Waiver of the right to judicial impartiality: comparative analysis of South African and Commonwealth jurisprudence
- Creator
- Okpaluba, Chuks, Juma, Laurence
- Date
- 2013
- Type
- text
- Type
- article
- Identifier
- http://hdl.handle.net/10962/127138
- Identifier
- vital:35960
- Identifier
- https://0-hdl.handle.net.wam.seals.ac.za/10520/EJC153154
- Description
- This paper investigates whether judicial independence and impartiality entrenched in written constitutions and recognised by the common law as fundamental requirements of fair administration of justice can be subjected to the private law principles of waiver, estoppel or acquiescence. In an attempt to answer this question, the paper suggests that the starting point should be the interrogation of whether the right alleged to be waived emanates from the constitution or administrative law. At common law, a right can be waived, insofar as the party involved had knowledge of the right and failed to assert it.
- Format
- 21 pages, pdf
- Language
- English
- Relation
- Southern African Public Law, Okpaluba, C. and Juma, L., 2013. Waiver of the right to judicial impartiality: Comparative analysis of South African and Commonwealth jurisprudence. Southern African Public Law, 28(1), pp.1-21., Southern African Public Law volume 28 number 1 1 21 January 2013 2522-6800
- Rights
- Publisher
- Rights
- Use of this resource is governed by the terms and conditions of the Sabinet Terms and Conditions Statement (https://www.sabinet.co.za/terms-conditions)
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Juma, Laurence (Prof)
RU Department of Law
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