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Post by Deleted on Dec 13, 2016 19:42:29 GMT
Thanks for updating us Nigel.
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Post by Deleted on Dec 13, 2016 19:45:38 GMT
A little naive of me perhaps (though I doubt it), but it's beginning to look as if the law is being amended, or created in the courts, with parliament taking second place. Excuse my language, but this is all getting very fuckin stupid.
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Post by kris on Dec 13, 2016 19:51:20 GMT
Thanks for the report Nigel, let's hope it turns out better than you think.
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Post by Deleted on Dec 13, 2016 20:01:33 GMT
Thanks for taking your time to update this.
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Post by NigelMoore on Dec 13, 2016 20:05:27 GMT
A little naive of me perhaps (though I doubt it), but it's beginning to look as if the law is being amended, or created in the courts, with parliament taking second place. Excuse my language, but this is all getting very fuckin stupid. Far from naive - except insofar as there was any doubt about it. This is what senior judges do; decide the direction they wish the law to go, and interpret things accordingly. It is called "judge made law" and is a recognised, legitimate avenue for the law's development. it is not that Parliament takes second place exactly, it is that the courts are the ones who decide what Parliament really meant!
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Post by Deleted on Dec 13, 2016 20:10:03 GMT
A little naive of me perhaps (though I doubt it), but it's beginning to look as if the law is being amended, or created in the courts, with parliament taking second place. Excuse my language, but this is all getting very fuckin stupid. Far from naive - except insofar as there was any doubt about it. This is what senior judges do; decide the direction they wish the law to go, and interpret things accordingly. It is called "judge made law" and is a recognised, legitimate avenue for the law's development. it is not that Parliament takes second place exactly, it is that the courts are the ones who decide what Parliament really meant! All very well, and in my later years I am learning, "money" actually can buy what you want. Let's just do what the French did, build bloody guillotines and have a revolution.
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Post by naughtyfox on Dec 13, 2016 20:15:03 GMT
Yeah. Too right. They should keep their nasty poxes away from the canals and rivers. What's this about keeping foxes off the canals? Oh, poxes. Carry on. As you were...
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Post by NigelMoore on Dec 14, 2016 11:52:49 GMT
All very well, and in my later years I am learning, "money" actually can buy what you want. Let's just do what the French did, build bloody guillotines and have a revolution. Without detracting from the truth that this is all too often how things work - with those able to afford the best reps being the inevitable winners - as I commented on CWDF, the comments made by the judges yesterday did in fact describe the optimal situation respecting the role of judges in the construing of Parliamentary Acts. Theirs is the responsibility for determining [in theory] exactly what the people wanted [through their elected reps] when passing legislation affecting them. Looked at in that way, they were right that their role should not be confined to that of referees in a duel between a pair of barristers, nor limited to such material as either of them came up with. Otherwise, that would mean [and sadly often does] that the administration of law was dependent solely on the calibre of competing counsel. It is in those situations that the most money buys the result. Those situations are less likely to happen the higher up the judicial ladder you climb, which is one of the reasons why I have always favoured bypassing the County Courts where possible. It is cheaper in the long run. As to revolution, as constitutional commentators have written, we tend to end up getting the style of government that suits our temperament/ that we deserve. I am sure the Napoleonic Code is a fine thing, but from the little I have heard of the administration of French justice, I woud prefer ours on the whole.
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Post by NigelMoore on Dec 26, 2016 12:55:27 GMT
I have just come across an item I placed on my desktop and promptly forgot about, that might have at lest tangential relevance to the principle of jurisdiction over connected waterways.
This is the 1992 Court of Appeal case between BW and the National Rivers Authority. British Waterways Board v National Rivers Authority (formerly Anglian Water Authority) & anr - CA (Lloyd, Stuart-Smith, Scott LJJ), 16 July 1992. The pumping of water from an outfall channel, connected to but not forming part of a canal, which caused water to flow from the canal into the channel, did not amount to abstraction within the meaning of s 135(1) of the Water Resources Act 1963. It obviously is dealing with ‘extraneous’ legislation, yet nonetheless illustrates the principle upon which the courts have viewed the relationship between statutory authorities and connected waters, that could well be seen as pertinent in the ‘marina water’ vs ‘EA water’ debate.
On the other hand it could be seen as adistraction from the central iss in the EA v boaters case, but I thought it might be of interest. I have not yet managed to get a copy of the judgment itself, only very brief commentaries
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