Sentence examples for existing common law from inspiring English sources

"A decision to innovate under the bill does not prevent a doctor from also relying on the existing common law defence.

Another well-worn objection to legislating for the protection of human rights is that the existing common law is such a magnificent creature that no more needs to be done.

And when the government introduced the Compensation Act 2006, it clarified the existing common law on negligence to make it clear that people who take reasonable care or exercise reasonable skill cannot be held liable for untoward incidents.

The default position of many civil libertarians is a deeply conservative (even chauvinistic) view that our existing common law practices and institutions are sacrosanct - implying that all those continental European countries that do not have jury trials but do have ID cards are significantly less free or liberal.

Welfarist theories of adjudication face several difficulties when understood as interpretive theories of existing (common law) practice.[20] First, the structure of adjudication does not generally provide adequate or appropriate information for the selection of rules that maximize social welfare.

The statute is worded "strongly and broadly", and other than the exceptions mainly repeated the existing common law.

All these courts competed for business with the existing common-law courts, which led the latter to develop new remedies that proved more effective and expeditious than those previously available, particularly with regard to the action of trespass.

"The right of the people to keep and bear Arms, shall not be infringed" refers to a pre-existing common law right of all adult white men at the time the Constitution was written.

It ruled that under the Charter of Rights and Freedoms, roughly the Canadian equivalent of the Bill of Rights, "the existing common-law definition of marriage violates the couple's equality rights on the basis of sexual orientation".

"But he believes that before we take the dramatic step of registration, we ought to look at insuring that existing common-sense gun laws are enforced, and this administration's record on enforcing those gun laws is poor," he said.

He said Nicklinson accepted that "what he is seeking to do is to change the existing understanding of the common law".