Summary
Summary Introduction to law and legal skills
- Course
- LLB (CFLA001)
- Institution
- University Of Limpopo (UL)
It is very concise and understandable. It is written in point form which makes everything easier to read and understand
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Seller
Follow
Content preview
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
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller kealebogatefo1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R63,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
70055 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now