Monday, May 21, 2012
CONNECT TO MY ANGELS: Sacerdotal privilege is and was recognised as part of our domestic Constitutional law, ie a “rule of law” as far back as 1945 in a case titled Cook V. Carroll. I am unable, at present, to provide an open source access to it, so you will have to trust me on that particular issue. It’s not controversial anyway. Now, one argument made is that Judgment was given when the special position of the Catholic church was recognised constitutionally and, since it’s removal, the Judgment is no longer of such strength in terms of jurisprudence. However, the Supreme Court has held that that particular, now removed, provision of the Constitution had never any Constitutional effect. Johnston v Church of Scientology  1 IR 682 at 687, refers.?TO QUOTE SOLICITOR RICHARD KENNEDY"LEGISLATION WHICH IS UNENFORCEABLE IS BAD LEGISLATION,AND APART FROM THE"FACT"THAT IT FAILS TO ACHIEVE ITS PURPOSE,IT DIMINISHES CONFIDENCE AND RESPECT FOR THE LEGAL SYSTEM?