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Pros And Cons Of Joint Enterprise

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Although there exist valid arguments for legislating joint enterprise, there are concerns with the idea. Fundamentally, it is unconventional as it is a creation of the common law therefore, it would be untraditionally to legislate on the doctrine. Likewise, the common law allows more detail in its prescription, and its flexibility is one of its distinguishing features. Furthermore, it joint enterprise was governed by legislation, if that legislation needed to be altered, a considerable amount of time is required, as it can be a lengthy process. Moreover, as joint enterprise is a doctrine created by the common law, it should arguably be the courts who determine this matter, not Parliament, which conflictingly goes against the stance in Miller.
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