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Managerial judging and alternative dispute resolution in Australia : an example for South Africa to emulate. part 2
(Juta Law, 2018-01) De Vos, Wouter Le R.; Broodryk, Theo
The impact of judicial case management and alternative dispute resolution on the fundamental rights of the parties. Traditionally, English common law shied away from recognising the fundamental principles of civil procedural law in the form of basic rights or guarantees accorded to the parties. As Jolowicz aptly remarked, “English law tends rather to take [these guarantees] for granted than to enshrine [them] in a legislative text”. Since this statement was made close to fifty years ago there has been a dramatic change in the English approach. First and foremost, the incorporation into English domestic law of the European Convention for the Protection of Human Rights and Fundamental Freedoms by the Human Rights Act resulted in the statutory recognition of fundamental human rights for everyone in England. In the procedural field the adoption of article 6(1) of the convention, providing for a fair trial to litigants, brought about a sea change in civil procedural law.