oa Comparative and International Law Journal of Southern Africa - Two unusual appellate remedies: revision and restitutio in integrum in the law of Sri Lanka

Volume 15, Issue 2
  • ISSN : 0010-4051



In some jurisdictions the terms 'appeal' and 'review' are used synonymously. In the United States of America, for example, an ordinary judicial appeal, i.e. an appeal stricto sensu is sometimes referred to as "appellant review" and the expression 'to review by appeal' is not uncommon i.e. American legal terminology. This practice, which is not confined to the United Stares, is somewhat confusing to lawyers whose systems recognise appeal' and 'review' as separate and distinct remedies. The problem is further complicated by foreign lawyers who often use the terms interchangeably when writing in English. The position in South African law is not without its difficulties. Although South African law acknowledges appeal and review as two quite independent remedies, owing to the incorrect use of the terms in the past only general descriptionptions, and not. precise definitions of the remedies are possible. For the purpose of considering and comparing the subject of this paper, reference is made to the Sri Lankan appellate remedies and the meanings of the terms appeal and review in South African law.

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