@454
You are the one saying "We are a common law country." as if all of our law is common law when it only comprises a part of our system of laws.
You are also the most obtuse person I've ever known who has the audacity to proclaim that "There is no such thing as Positive law." and who continues to do so despite being shown NUMEROUS times that you have no idea what you're talking about.
We are discussing the common law.
I'm discussing your status as the resident village IDIOT!
Once I was corrected on positive law, I never rejected it.
Positive law is man made law. The common law is the collection of legal case law that was used to interpret that law. Within the common law there is room for such areas as criminal law, civil law, tort law, administrative law, Constitutional law - each area of law uses case law and precedence to answer modern questions.
In the NBC issue, the court will use prior Supreme Court decisions to form their decision. That is how a common law system works - case law and precedence used to resolve legal issues.