Waiver of the right to judicial impartiality: comparative analysis of South African and Commonwealth jurisprudence
- Okpaluba, Chuks, Juma, Laurence
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127138 , vital:35960 , 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.
- Full Text: false
- Date Issued: 2013
- Authors: Okpaluba, Chuks , Juma, Laurence
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/127138 , vital:35960 , 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.
- Full Text: false
- Date Issued: 2013
‘Growing’ social protection in developing countries: lessons from Brazil and South Africa
- Barrientos, Armando, Moller, Valerie, Saboia, Joao, Lloyd-Sherlock, Peter, Mase, Julia
- Authors: Barrientos, Armando , Moller, Valerie , Saboia, Joao , Lloyd-Sherlock, Peter , Mase, Julia
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67195 , vital:29058 , https://doi.org/10.1080/0376835X.2013.756098
- Description: publisher version , The rapid expansion of social protection in the South provides a rich diversity of experiences and lessons on how best to reduce poverty and ultimately eradicate it. Knowledge on how best to ‘grow’ social assistance, understood as long-term institutions responsible for reducing and preventing poverty, is at a premium. This article examines the expansion of social assistance in Brazil and South Africa, two of the middle income countries widely perceived to have advanced furthest in ‘growing’ social protection. It examines three aspects: the primacy of politics in explaining the expansion of social protection and assistance, the tensions between path-dependence and innovation in terms of institutions and practices, and the poverty and inequality outcomes of social assistance expansion. The article concludes by drawing the main lessons for other developing countries.
- Full Text: false
- Date Issued: 2013
- Authors: Barrientos, Armando , Moller, Valerie , Saboia, Joao , Lloyd-Sherlock, Peter , Mase, Julia
- Date: 2013
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/67195 , vital:29058 , https://doi.org/10.1080/0376835X.2013.756098
- Description: publisher version , The rapid expansion of social protection in the South provides a rich diversity of experiences and lessons on how best to reduce poverty and ultimately eradicate it. Knowledge on how best to ‘grow’ social assistance, understood as long-term institutions responsible for reducing and preventing poverty, is at a premium. This article examines the expansion of social assistance in Brazil and South Africa, two of the middle income countries widely perceived to have advanced furthest in ‘growing’ social protection. It examines three aspects: the primacy of politics in explaining the expansion of social protection and assistance, the tensions between path-dependence and innovation in terms of institutions and practices, and the poverty and inequality outcomes of social assistance expansion. The article concludes by drawing the main lessons for other developing countries.
- Full Text: false
- Date Issued: 2013
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