Extra-judicial service on the part of judges: constitutional impediments in Australia and South Africa

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Abstract

The South African Special Investigating Units and Special Tribunals Act (SIU Act) empowered the President to establish Special Investigating Units with wide powers to investigate allegations of corruption - in South African Association of Personal Injury Lawyers v Heath, the Court found that the functions conferred on a judge by the SIU Act did compromise the separation of the courts from other arms of government - blurred the line between the courts and other branches of government, undermining the independence of the judiciary - the Constitutional Court of South Africa was influenced by some recent Australian cases in which the High Court had tested the permissibility of extra-judicial service on the part of federal judges by investigating its compatibility with judicial office - how the incompatibility principle is used in Australia - whether the interests served by the separation of the courts from other arms of government are really served by the incompatibility test.
Original languageEnglish
Pages (from-to)181-200
Number of pages20
JournalOxford University Commonwealth Law Journal
Volume3
Issue number2
Publication statusPublished - 2003

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