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Editor,
Your website (www.solomonstarnews.com) published an
article entitled “Marital Rape Removed from Country’s Laws” by Trixie Carter –
published November 1, 2012. The article is based on a High Court ruling against
an existing law that seems to suggest that forced sexual contact in marriage
legal. The article heralds the ruling as a huge victory for women of Solomon
Islands. It also suggests that somehow the law has been removed from the Laws
of the country simply because the high courts ruled against it. But isn’t it
the role of Parliament – elected officials, to be precise – to make and change
laws, and that the court’s role is to interpret those laws? I might be wrong,
but it is something that many people would like to know.
Thank you
Sione
Virginia
First thing that got my attention was the title of the article that suggested that law is now removed from the laws of the country because the High Court ruled against it. I always thought that lawmakers do have a mandate to make and amend laws, and that the court is only there to merely interpret the law. I thought that ruling against that law doesn't make that law invalid. That law needs to be struck down by lawmakers before it becomes null-and-void. I am of the opinion that our laws should be made and altered in Parliament, not the courts.
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