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Words: | Submitted: Mon Jun 19 2006
... statutory interpretation and precedent 'should' be foolproof. After all, anything contrary to this would call into question Parliamentary Sovereignty and it's competence in performing its legislative functions. But to submit to the assumption that judges adjudicate only according to the rules leaves us open to much criticism. However practical and appealing, an approach of simply looking up the law and applying it, may be, it is important to understand that there are no fixed rules of law written in stone, like modern day commandments, which judges can simply draw authority from, and prescribe to a legal problem. Legal rules are composed by men and thus by their most fundamental orthodox, are flawed in some way due to man's imperfectness. I.e. no matter how elaborately it is phrased, no legislator can hope to create a rule to cater for every possible situation arising for future consideration, and legislate to facilitate it. ...
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