Open AccessPUNISHMENT WITHOUT LAW: HOW ENDS JUSTIFY THE MEANS IN MARITAL RAPE
Author(s) -
Sir Ivan Lawrence
Publication year - 2012
Publication title -
denning law journal
Language(s) - English
Resource type - Journals
eISSN - 2047-2765
pISSN - 0269-1922
DOI - 10.5750/dlj.v18i1.306
Subject(s) - parliament , law , contradiction , punishment (psychology) , political science , sovereignty , sociology , psychology , philosophy , social psychology , politics , epistemology
In marital rape cases, the appellate courts have either ignored or dismissed established principles of law: that Parliament is sovereign and alone can make new laws, and that the House of Lords cannot change laws in contradiction to the clear intention of Parliament. Now, the courts are developing a test of forseeability, that not only defeats the rule against retrospectivity but goes further to defy common-sense, thus proving, in this area of the law that, ends justify the means.