A single opinion?

AS Law students will, hopefully, be familiar with the idea of the rule of law, and that the law should be readily ascertainable. The problems with finding the ratio in cases arguably contradict this aspect of the rule of law. One problem is of judges giving the same decision as their colleagues in the same case, but for different reasons, creating confusion and uncertainty. The “JFS” case decided by the Supreme COurt in 2009, featuring five separate majority opinions, exemplifies this.

It is therefore interesting to read this article by James Wilson on the Supreme Court blog. Perhaps the justices will take note?

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