hoopdriver
Guru
- Location
- East Sussex
Oh yeah, She's good too.
I'm not off my trolley but you are way out of your depth in a subject you try to profess to have knowledge of but don't.
You claim for example:
English law (and the law in most other countries) is mainly case law set by judges in Court, not statutory law set by Parliament. What happened in Smith v Finch and Froom v Butcher before it is at the heart of the way English law works, not some aberration as you seem to see it. Setting precedents in Court is the way it works.
Murder is one of the best examples of that. You will not find an Act of Parliament on the offence of murder. The offence comes from case law. But you would seem to think the offence of murder was just "some stupid judge thinking he can re-write the law via case law and undermining Parliament" because surely if it was that important Parliament would have debated it and passed a law of murder.
And since you insist I have run, in a corporate context, a number of cases in both English and US courts up to and including the level of the Appeal Court which have set significant legal precedents. I have spent more hours than I would like to admit sat in chambers with the QCs and legal teams I engaged going over this stuff to know a bit about what I am talking about. Now since you insisted that I disclose my credentials, would you care to reciprocate and tell us what legal training/experience you have? Thought not! We know it doesn't even go as far as Wikipedia but that might be a good place for you to start.
You seem to be attributing rather a lot of things to me I have not stated.
You still haven't said what your legal role is? Are you are an intern on work experience? Yet again your reply is all over the place introducing totally irrelevant areas. Stick to the specific issue in question RLJ. This thread is about the wearing of helmets by cyclists not about murder or other common law offences. Yes you are quite right a large part of criminal law has been developed by case law ie case by case basis in higher courts. But where issues have particular public interest, public policy or are suitably contentious then the courts have deferred to HoL or Parliament to decide on the matter. The fact that the offence of murder is still a common law offence is because there is no need for Parliament to debate it as there is no debate to be had about killing people with deliberate intention. Period. Parliament decided that drivers of vehicles should wear seat belts and motor cyclists helmets not judges.The courts enforce the law, Parliament makes it.
Me - the usual legal qualifications you know law degree, lpc things you need and a few years experience. How about you apart from "organising" cases for appeal in UK and US jurisdiction and relying on Wilkipedia as your legal source and taking inspiration from Judge Dredd? You really can't be taken seriously if you give Wikipedia as your source of cases. LMAO. What legal qualifications do you have if any .................?
Wasn't there an Irish judge named Lynch, long ago, who enriched the Englsh language?
... a band of men whose professed object was to supply the want of regular administration of criminal justice in the Carolinas, and who committed many acts of violence on those suspected of “Toryism”.’ ...