The 'lawful judge': a comparative survey on the allocation of cases to judges in South Africa and Germany

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Periodical article

Title:	The 'lawful judge': a comparative survey on the allocation of cases to judges in South Africa and Germany
Author:	Thiedemann, Hilke
Year:	2003
Periodical:	Verfassung und Recht in Übersee
Volume:	36
Issue:	2
Pages:	228-260
Language:	English
Geographic term:	South Africa
Subjects:	judges judicial system
Abstract:	This article describes the guarantee of the 'lawful judge' in German law and compares this principle with the practice of allocation of court cases in South Africa. After an explanation of the scope and implications of the principle in German law, the need for its adoption in the South African legal system is pointed out. An overview of recent developments in South Africa in the area of judicial independence and court organization is given, followed by a brief analysis of the possible reasons why the principle has not found reception in the South African Constitution. Next, an attempt is made to determine if the principle can be derived from the existing provisions of the Constitution. Finally, an argument is made in favour of integrating the principle into South African law. The article concludes with some proposals for legislative reform to incorporate the principle of the 'lawful judge' by means of a statutory provision. Notes, ref., sum. (p. 162-163). [ASC Leiden abstract]