References in periodicals archive ?
It occurred to me that if Berlinean pluralism is true and I do believe that it is so--it is remarkably well complemented by the common law tradition of judging.
In other words, it is the job of legal scholars to step outside the common law tradition and analyse it, whereas legal practice demands that one works, however imaginatively and skilfully, within that tradition.
The civil and common law traditions continue to influence Quebec law in civil matters.
16) To some, that tension might suggest that one can be faithful to the common law tradition or to the Constitution's enacted text, but not to both.
That too can be inferred from the Take Care Clause, but it draws additional support from common law tradition, which accorded prosecutors exclusive control over the power to nolle prosequi, or dismiss, charges that they earlier filed in court.
Sobecki explores the apparently incompatible nature of the unwritten common law tradition in a climate where oral memory was distrusted after the Reformation.
Despite the absolute wording of the Constitution, there are still many disparities between Canada's common law tradition and its military law tradition, which flow from the partial application of the Charter of Rights and Freedoms to the National Defence Act.
Conversely, since the drafting of Magna Carta in 1215, the guardians of the Common law tradition have always respected, protected, and promoted the mythical yet powerful sublimity of law's uncanny presence as expressed by the anti-rationalist anthropological and biopolitical origins of the rule of law.
Probably the most appealing thing about these rules was, in the best common law tradition, their simplicity-e.
UKIP said later that Lord Neuberger had got to the nub of the problem: "Lord Neuberger has hit the nail on the head, because UK judges treat the ECHR as a superior court, they, in deference to our common law tradition regard it as senior in precedence," said MEP Diane James, UKIP's Justice and Home Affairs spokesman.
A free-market in the law-making process requires mechanisms of adaptation, discovery and negative feedback loops, which are embodied in the common law tradition.