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To achieve order and accessibility in law made by Parliament and the Executive
would be hard enough. But why stop there? Should an attempt be made to
integrate both the common law and judicial decisions rendered interpreting
statutes. It can be said, after all, that the common law and statute coalesce into a
single legal system.
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If we are to remove some of the accessibility problems, why not remove the rest?
The common law and judicial decisions interpreting statutes are inaccessible to
ordinary citizens so it may be asked, is it safe to give them access to statutes?
People may come to grief advising themselves. There is a tendency in some
quarters to think that the law is a mysterious science that should be only revealed
to those who are initiated, namely lawyers. But is this defensible in a democratic
society?
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One might fairly argue that the statute law, even in its present form, is quite
accessible compared with the mass of judicial decisions. The American
commercial legal publishers offer annotated codes at both the state and federal
level that attempt to cite the relevant case law. Whether the state has a
responsibility to present this law in a digestible manner is open to debate. These
are worthwhile issues for exploration and I am interested in taking up a proposal
by Richard Clarke QC.27
27
Richard Clarke QC while at the New Zealand Law Commission proposed an Outline of
New Zealand Law to be available free of charge on the internet. It was to be prepared with
the following purposes:
· To present in a clear and accessible way the structure and principal content of
New Zealand law; and in this way assist in the proper application and
appropriate development of the law;
· To provide quick free access for the public to the principal content of New
Zealand law and signposts to more detailed legal information;
· To provide an educational and research tool for teachers of and commentators
on the law.
It would be of great value to, among others,
· Members of the public who wished to have a broad understanding of a
particular area of law;
· Teachers and others responsible for educating the community about legal
matters;
· Lawyers who wished to get a quick overview of an area of the law they were
not familiar with;
· Law schools and lecturers;
· Courts and others who apply the law;
· Legal academics and commentators;
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