The puisne judge, the chaos theory and the common law

Show simple item record Harms, Louis T.C. 2014-07-28T07:19:22Z 2014-07-28T07:19:22Z 2014
dc.description.abstract Puisne judges (judges of first instance) justifiably feel that they are at the bottom of the food chain - to be devoured when least expected by what they perceive to be the sharks in appeal courts. Their lot is exacerbated by the fact that courts of appeal are prepared to decide cases on issues that were never canvassed at first instance; that appeal tribunals do not defer to their factual findings; and that they have a duty to develop the common law even if not called upon to do so by the parties. In spite of lip service to a contrary position, the Constitutional Court assumes that all that puisne judges have to do is to think laterally while forgetting that they work without the privilege of clergy or clerks. en_US
dc.description.librarian am2014 en_US
dc.description.uri en_US
dc.identifier.citation Harms, LTC 2014, 'The puisne judge, the chaos theory and the common law', South African Law Journal, vol. 131, no. 1, pp. 3-10. en_US
dc.identifier.issn 0258-2503
dc.language.iso en en_US
dc.publisher Juta Law en_US
dc.rights Juta Law en_US
dc.subject Puisne judge en_US
dc.subject Common law en_US
dc.subject Appeal courts en_US
dc.subject Constitutional Court en_US
dc.subject Chaos theory en_US
dc.title The puisne judge, the chaos theory and the common law en_US
dc.type Article en_US

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