(11-21-2019, 08:48 PM)sandaoguo Wrote: No offense to Nat, but we don’t need another justice who thinks “the letter of the law is paramount.” This isn’t the US Supreme Court. Once TSP hires real lawyers to write its laws, then maybe then we can have such a restrictive and counterproductive way of viewing things.
TSP shouldn’t be hamstrung by the Court just because the Assembly made a mistake in updating a law or forgot a common here or there. It’s very easy to determine the Assembly’s intent— you can often ask the authors themselves in real time!
I see the merit of your argument. Perhaps the Assembly could write a resolution on the broad principles for legal interpretation in TSP. I know I would welcome such a document. Until then though, I will try my best to faithfully interpret our laws according to the philosophy outlined in my application.
Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)