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#OurInterpretationofConstitutionalLawhasBecomea #ClassicExampleofHumanStupidity
Mathews J Nedumpara
#LongThread_needsPatience -read and RT
Two things are infinite, said Einstein: the universe and human stupidity.
Mathews J Nedumpara
#LongThread_needsPatience -read and RT
Two things are infinite, said Einstein: the universe and human stupidity.
Our interpretation of constitutional law has become a classic example of human stupidity. Let me explain.
The common law is our law by virtue of Article 372 of the constitution. It is founded on two simple principles, ‘res judicata’ and ‘stare decisis’, namely, precedent.
The common law is our law by virtue of Article 372 of the constitution. It is founded on two simple principles, ‘res judicata’ and ‘stare decisis’, namely, precedent.
Res judicata means a decision in a case between A and B will bind and them, but not C and D who were not parties to it, in other words, it will not bind 'res inter alios', namely, third parties. The doctrine of 'stare decisis' or precedent means that the reason for the decision,
