As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
I would like to wish the readers of this Blog a happy holiday. Thanks for your support over the past year. Without you this Blog would have been far less lively and thought provoking. Many of you have taught me new things this year and even if you did not, I enjoyed sparring with you. I hope you all have a great 2009, filled with love, light and blessings. Viva the Constitution! Viva democracy! Viva freedom of speech!BACK TO TOP