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PostPosted: Sat Apr 25, 2009 5:51 pm
by Greavesie
Just remember only a court high up in the hierarchy can depart from judicial precedents

PostPosted: Thu May 07, 2009 6:10 pm
by maypaxvobiscum
Do we need a written constitution?

Yes...

* It could help citizens clarify their rights and protect themselves against the state

* Most flourishing democracies base their institutions on a written constitution

No...

* The practical problems over what to include and leave out would be a logistical nightmare

* It could undermine the power of Parliament to scrutinise ministers on behalf of the public

_

am i missing out on something? help please :)

PostPosted: Thu May 07, 2009 6:12 pm
by Greavesie
I said no in my essay last year, we seem to have a tradition that would be undermined should we get a written constitution

PostPosted: Thu May 07, 2009 6:25 pm
by maypaxvobiscum
i find one hard bit about public law is when a judge makes a decision...it becomes a binding precedent. problems arise when the judge in the following cases have different moral or religious values.

PostPosted: Thu May 07, 2009 6:35 pm
by Greavesie
true and thats the reason there are precedents, puts those values aside for the sake of certainty and consistency. Remember though if decisions are very absurd it will probably end up at a court high up in the hierarchy and get reversed