The briliant conservatism of Justice Kirby court
Friday, December 17, 2021 | 1890 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.
While the minister is of the view that the proposal would have significant positive economic impact, the entertainment industry players believe otherwise. The issue has over the weeks become a hot potato. But what is of essence right now is that the country needs liberal ideas to move in the right direction While opening up the economy may sound quite interesting to the ear, rolling out extended trading hours through pilot programmes without...