Letters | Sunday, 02 August 2009

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On laws and planning rules

Before Robert Musumeci (Mepawatch 28 June 2009) dips more than a tentative toe into the deep waters of the law and its interpretation by ‘unlearned’ John Citizens – perhaps ending up out of his depth – he should be aware that judges have long recognised good law, bad law, errors in law and natural law.
Natural law (mala in se) influences statutory law (mala prohibita) when it comes to interpretation and judgement, and lies in the province, quite rightly, of certain and uncertain laymen as well as judges. Of course all are equal before the law, but it is an unfortunate fact of life and human nature that some are more equal than others.
Francis Bacon (1561-1626) wrote in his ‘Advancement of Learning’ that “laws were like cobwebs; where the small flies were caught, and the great brake through” [sic].
Lest he becomes a ‘barrack-room lawyer’, best he leaves law where it belongs: in the hands of experts. Enough said!

Martin Day
Xaghra, Gozo

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