Civil Justice Reform
Course convenor(s): Associate Professor Mohamed Paleker
Entrance requirements: All Preliminary and Intermediate Level courses to have been completed
Aims and objectives
The aim of the course is to consider contemporary debates in civil justice and civil justice reform and to engage with the different methods of civil dispute resolution.
This course will consider the theoretical and philosophical debates around access to civil justice. To this extent, the writings of the famous Venetian proceduralist, Prof Mauro Cappelletti, and many other jurists will be studied to give content to s 34 of the Constitution of the Republic of South Africa, 1996. Secondly, there will be an analysis of the strengths or weaknesses of the South African civil justice system, and how foreign jurisdictions have dealt with challenges in civil justice. For example, the Woolf reforms in England and Wales will be considered. Thirdly, different litigation models will be studied to understand the similarities and differences in adjudication styles between civil law and common law systems.
DP requirements: None.
Class attendance and participation 20%
Seminar and presentation 20%
Research paper (5000 words) 60%