Abstract:
This article seeks to consider whether there is a case for “remaking” the Evidence Act, which codified the 19th century English law of evidence, and if so, what values a new code should embrace. It argues that the current Act lacks a coherent value system and examines the various judicial approaches to reconcile the code with modern common law. Meta-theories justifying a modern law of evidence are also useful. Finally, the article outlines an argument that the concept of “procedural fairness” should have a central role in remaking the code.