The briliant conservatism of Justice Kirby court
Friday, December 17, 2021 | 1900 Views |
Ian Kirby
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.
‘When you make peace withyourself, you make peace with the world’- Maha GhosanandaThis may come at a huge cost if not handled properly. What started off on Labour Day in Letlhakane this year, where Boko was in attendance when the militant lawyer-cum-trade unionist, Robert Rabasimane rebutted the President’s address in defence of the trade union has seemingly spiralled out of control. The issue is now creating a cat-and-mouse type of a...