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Lord Hutton said: "It is not the function of the courts to decide hypothetical questions which do not impact on the parties before them".
Even beyond the outrageous and overreaching action against the journalists, this is a blatant attempt to avoid the oversight function of the courts.
The New Yorker's general counsel, Lynn Oberlander, analyzes the A.P. phone records case from a legal perspective: "Even beyond the outrageous and overreaching action against the journalists, this is a blatant attempt to avoid the oversight function of the courts".
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There are some problems of function of the court.
Scalia argued that "the function of the Court is to preserve our society's values regarding (among other things) equal protection, not to revise them".
And she said that even though it was disturbing to limit the "truth-finding function" of the court, she had to carefully balance that function against protections similar to those that exist between a lawyer and his client.
"The key point is that under the notion of the separation of powers, it is the function of the court to make the determination as to whether the act is one that would meet this legal definition and whether the legislation is necessary and proper to meet that objective.
There are too many parallels to avoid the corrosive link between the increased calls for repeal of the Human Rights Act 1998 at home and the UK attempts in the chair at the Council of Europe to change the function of the court from enforcer to advisor.
Once you accept that premise, which I argue is the only logical one to make, then it must be the function of the court to provide real and practical protection, not something half-baked that doesn't do what it says on the tin.
Luckily, comic relief seems to be the main function of the court system, as accessed in small doses between receiving threats.
This increasing role was assisted by the changing function of the court: until the late 14th century, private parties could not bring cases to the Chancery as they could to the other courts, while by the 15th century the number of private cases had increased to the point where there were many complaints in Parliament.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com