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Summary Introduction to law and legal skills
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SCL1501 Exam Pack 2024
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SCL1501 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations.
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CL1501 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 August 2024 ; 100% TRUSTED Complete, trusted solutions and explanations.
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ADJUDICATION, INTERPRETATION & DISPUTE RESOLUTION• Adjudication refers to a process whereby parties to a legal dispute refer
their matter to an impartial and independent arbitrator to decide their
dispute in accordance with the applicable law;
• Adjudication echoes the right of access to courts enshrined in section
34 of the Constitution;
• The right to access to courts promotes at least two fundamental
principles:
➢ That no one is permitted to take the law into their own hands and
the provision of self-help;
➢ That anyone has the right to challenge the legality of any law or
conduct;
• However, in order for these goals to be realized there must exist an
independent and impartial institution to which these disputes would be
referred;
• This assigned to the judiciary;
• To this end S165 vests the administration of Justice on the courts;
• S165 (2) provides that courts are independent and they must apply the
impartially without fear, favour or prejudice.
, INDEPENDENCE AND IMPARTIALLY OF THE JUDICIARY
• An independent court is one that exercise its powers without
interference;
• The court must reach the whatever outcome without any outside
influence;
• In other words, the Judge must have the complete liberty to hear and
decide cases that come before him or her;
• The test for whether the court is independent is whether the reasonable
and informed person will perceive the court as enjoying the essential
conditions for independence;
• The test is objective not subjective;
• The essential conditions for Independence include among others
➢ Other branches of state must not interfere with the functioning of
the court (Institutional Independence);
➢ That Judges must enjoy security of tenure;
➢ Basic degree of financial security;
➢ Control over administrative decisions that bear directly and
immediately on the exercise of judicial functions;
➢ Individual Independence refers to the requirement that Judges
decide cases Independently and Impartially on the basis of facts
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