Case Law: Role of Parliment to change law, not the courts

The case of R v Clegg, in which Private Clegg shot unarmed individuals, while on duty in Northern Ireland, created a case in which the courts stated that is was not the role of courts to change the law, but rather parliament.

Private Clegg, a member of the Parachute Regiment was serving in Northern Ireland when he was manning a checkpoint. A car drove through the check point and Clegg shot the driver/passengers.

Clegg claimed self defense, despite the fact that the car was several yards clear of the check point when the shots where fired. The courts said that it was not possible to enter a case of self defense, as that, in this case, would effectively change the law.

The courts then stated that it is the role of Parliament to change the law not the courts.


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