View Single Post
Old 28-04-2008, 10:57 AM   #8 (permalink)
cassie
Uber Member
 
Join Date: Dec 2006
Posts: 2,906
cassie is an unknown quantity at this point
Default

_


In English Law, there used to be a well known principle of 'ignorantia haut excusat' which, in essence meant, a defendant could not rely upon not knowing the law as a valid defence.

Within the context of the widespread debates and comments on the new 'EU Constitution' or 'EU Treaty' (or whatever it is supposed to be called - see what I mean?), conflicting opinions have often been expressed about what particular provisions mean. We seem to be rapidly reaching a situation in which almost every legal requirement will need to be tested in court for a meaning or meanings to be determined. Lawyers will grow increasingly wealthy and, if they and the Bench do not 'know' the law short of formal determination per the courts, they'll be hard put to maintain the above 'excusat' principle!

Yes, we should all be able to troop into court and claim: "Yep, we didn't know that was unlawful luv . . . oops sorry, Gov!"


_________________
cassie is online now   Reply With Quote