by marko » Mon Jul 09, 2012 11:34 am
It must be a reference to 'case-law' / precedents set etc. In essence, Judges overuling other Judges on cases they have heard, creating 'new' law...it,s some ways it's very odd in that...'is is law or is it not'? My view is though, with precedents set by virture of new cases...we would lose much of the 'case-law' that does in fact fall in favour of the common man and some very fair and just issues...some do go against that particular grain though. Most of it being applicable to statues and acts....and very few changing the basis of common law...in fact I can,t think of an example of common law being 'changed' by virtue of case law...some issues relating to the offence of murder do spring to mind though....this is why I personally embrace common law as the keystone of our society...and area of the legal system which mostly, they cannot tamper with........