From: "E.J. Totty", [EMAIL PROTECTED]
[...]
If a jury can 'nullify' a law, then it can overturn
the decisions of Parliament. If that's so, then it means a
group of 12 *un*-elected people can overrule the will of
600-odd *elected* MPs. If I understand this correctly, it
means that juries are supreme over Acts of Parliament
and, hence, supreme to Parliament itself? Under common
law?
[...]
Jury nullification does not undo the law.
In fact, the term is a misnomer. What the intent
of such actions actions accomplishes, is nothing more than
to nullify the intent of the law, which effect being that any
punishments or deprivations being called for are held null,
specifically for the case tried.
Subsequent cases tried under the same law
might find a legal hardship, if the circumstances are identical.
That, as you say, '600-odd *elected* MPs' are
essentially nullified is perhaps the temporal truth of the
matter. If enough juries determine that the law is essentially
flawed, then the MP's need to gather their wits about them
and declare the law unfit.
More to the point: If a law is found by three juries
to be defective, then a judge should be able to declare the
law unfit.
Lacking such an act, the law is essentially an ass:
it carries a weight by virtue of its ability to tread where ever
it might be lead.
ET
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