Waiver of the right to judicial impartiality: comparative analysis of South African and Commonwealth jurisprudence

Okpaluba, Chuks; Juma, Laurence

Title: Waiver of the right to judicial impartiality: comparative analysis of South African and Commonwealth jurisprudence
Creator: Okpaluba, Chuks
Creator: Juma, Laurence
Date Issued: 2013
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
Format: pdf
Language: English
Relation: Southern African Public Law
Relation: 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.
Relation: 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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RU Department of Law

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