Any comments about car theft & hijacking of vehicles being described as "Common Law Crimes", until some victim is murdered. Do the security cameras actually assist in the prevention of crime? I see the stats increasing or is the camera systems just another job creation gimmick for buddies?
Not sure what you're asking in the first part. My vague recollection of that is the "common law" simply refers to the fact that cases are judged based on judgements from previous cases, so that a reasonably consistent result can be expected.
The second part about cameras, yes of course they help. Every bit helps. How much they help though depends on the quality of the image, their location, how well they are monitored and how effectively they are supported and backed up by actual actions. They are a tool, not a solution in themselves.
Slight correction, common law is the unwritten law. That is not reduced to a piece of legislation.
In South Africa it stems from Roman Dutch law.
E.g., the landlord's tacit hypothec is not written legislation, or the induplum rule. They stem from common law.
What Bus Fact refers to is the precedent system, we got this from English law. This refers to previous case decisions which then bind following decision-makers. There is a hierarchy system, so Cape Town high court decision only binds Western Cape, but a decision from 3 judges in High court will supersede otehrregions. Supreme Court and Constitutional Court binds all.
The common law may be developed order that it advances the bill of rights.
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
BusFact (23-Dec-14)
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