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Fiat justitia ruat caelum

  • 19-12-2015 8:21am
    #1
    Banned (with Prison Access) Posts: 4,691 ✭✭✭


    What about this motto?
    A.k.a Let right be done though the heavens fall?

    Mr Justice Kearns said yesterday that many commentators now seemed to feel successive court interventions had “virtually paralysed” the investigatory process “where accountability for matters of serious public concern is required”.
    Speaking to an audience which included many serving and retired judges, he said courts, in considering their decisions, should be “always mindful of the potential downstream implications”.
    “They should never put themselves in the position of realising, all too late, that a particular decision has opened a Pandora’s box of unintended consequences which, had proper consideration been applied at the relevant time, might have led to a different approach being taken.”
    This, he said, “is particularly the case where the boundaries of the judicial and executive function intersect.”
    That was an area where, in his view, judges and courts “should not be excessively overactive or interventionist.”
    He said that in his 18 years as a judge he had observed many areas where such an approach had created more problems than it solved.
    It was not that courts would wish to bring about such a situation “but it is effects of decisions rather than the intention of the court which counts”.


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