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Anonymous @ 15:40. That is a fundamental misapprehension as to what is a common law jurisdiction. If an issue has been previously decided, the judges follow it unless they can distinguish the current issue from the previous issue. If the law has been codified by act of parliament, SI etc., the judge follows the codification and applies that codification to the facts before him. If the law has not been codified and the issue has not previously been determined in precedent, then it is for the judge to find the law within the principles of our common law. That is not Mickey Mouse. It is what we live by and hold dear.
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