[WikiEN-l] Chatroom libel ruling

[Mark Gallagher]

G'day Phil,

> On Mar 27, 2006, at 8:14 AM, jayjg wrote:
> 
>>I would imagine it would have implications for all countries with  
>>legal
>>systems based on British Common Law, which I would think would look  
>>at  the
>>ruling in this case when deciding similar cases.
> 
> It would depend--the American legal system is based on English common  
> law, but American courts rarely, if ever, take into account English  
> court precedents after the colonial period. Commonwealth countries  
> may still take into account contemporary English precedents, however.

AIUI, that's due to bog-standard insecurity --- "we can't let those 
dirty forners tell us what to do!"

The Australian High Court recently (well, fifteen years ago ...) looked 
to Zimbabwe and Canada (IIRC) for guidance.  I believe the argument goes 
something like: "our law was the same up until X date, therefore --- 
barring decisions that drastically change this area of law --- we're 
likely to be expected to come to similar conclusions".


-- 
Mark Gallagher
"What?  I can't hear you, I've got a banana on my head!"
- Danger Mouse


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