Thursday, September 01, 2005
The constitution
| It is with interest that i have observed the ongoing debate about the constitution . I would only peg the question For how long shall the Kenyan masses be used by the political class for their own gain. |
posted by Shiroh Kamau at 5:06 PM
hey this question/comment has nothing to do with the constitution blog. So, do judges make or discover law? if possible, answer using a philosophical perspective.
hope to hear from you.
How idiotic must we be that we can only choose between a banana and an orange. I would not choose the orange because it give me acidity.
What do you mean by discover the law?
In Kenya the system of law is highly a n adversarial system.
we also use the stare decisis system where precedents are almost followed to a fault. Sometimes judges do make the law like for example the rule that you must have applied and been granted letters of administration before you can succeed under the law reform Act.
For philosophical perspective LORD DENNING'S BOOK MAY BE USEFUL.