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The briliant conservatism of Justice Kirby court

Ian Kirby
Ian Kirby

Justice Kirby hanged his judicial robes at the end of November 2021 after many years of distinguished service. Born in 1945, the content of his jurisprudence, was in many respects generational.

Like the late Justice Scalia of the Supreme Court in the United States of America, history will confirm Justice Kirby as a brilliant conservative judge, occasionally prone to progressive impulses as his last judgment delivered on the 29th of November 2021, a day before his last day in office shows. Unlike any other decision he has ever delivered his last judgement dramatically expanded rights – and judicial power in a manner that is unprecedented – and it seems the timing was perfect.

In the philosophy of law there are certain markers that point to the philosophical inclination of a judge. Elements of conservatism include willingness to limit individual rights where they conflict with government authority, preference and respect for private property; deference to governmental decisions and reluctance to upset same; concern for law and order, often over liberty and equality, less enthusiasm to embrace international law; deciding cases on narrowest of grounds, avoidance (if that is possible) to decide cases on constitutional grounds, respect of precedent ( even in circumstances where the march of time dictates otherwise) and preference for textual provisions on constitutional matters and not paying much attention to the spirit thereof.

Editor's Comment
Let’s fight GBV as a collective

Botswana for the longest time was known for her virulent peace with family being an enviable institution.As the media, we are also scared to be incessantly reporting on these bloody scenes where women are brutally murdered and worse, sometimes in front of their children and loved ones. Yes, we have reported cases where men were also brutally murdered by their loved ones, but such cases are a drop in the ocean.For the past two weeks, Botswana was...

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