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Wednesday, January 20, 2010

No law could be made which perpetuated corruption: SC, Why is the return of Justice Ramday causing such anguish among the punditocracy?


No law could be made which perpetuated corruption: SC
we seem so preoccupied by our perpetual infighting that we have forgotten there is a larger world out there.

Cases of Violence Against Women (Jan. 2000-Dec. 2009)

Why is the return of Justice Ramday causing such anguish among the punditocracy?


Maxim Cartoon

COMMENT: Ab initio —Munir Attaullah

Legal decisions that have retrospective effect (especially if a substantial period of time has elapsed) are given only very exceptionally. The reason is obvious. Dealing adequately with the complications that are likely to arise as a result requires much legal hair splitting and squaring of circles

This ab initio business has got me beat.
Asleep I may have been but — mutatis mutandis, allowing for the fact that I am no judge or legal eagle — in my dreams at least I am free to take suo motu notice of any situation that ipso facto would attract a writ of quo warranto, and to then speculate ex post facto (relying on the legal maxim, res ipsa loquitur) whether, prima facie, there is a powerful ab initio case for analysing the present situation (without imputing any mala fide intent to anyone) in light of the principle qui facit per alium facit per se.

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