The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law however in today’s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times.
By admin law essays october 13, 2017 it is hard to know what the status of these guidelines is although c v edp has been an influential decision in the area of criminal responsibility, lord lorry’s thoughts on judicial activism do not appear to have been cited. Get access to do judges make law essays only from anti essays listed results 1 - 30 get studying today and get the grades you want only at. The objective of judges is to not make law but simply declare what the law had always been acts of parliament are the highest form of authority and the courts hands are tied by it but through the doctrine of precedent, the judicial function of declaring and applying the law has a ‘quasi-legislative effect.
Opposing arguments to the essay statement, however, concentrate on the belief that in ‘hard cases’ judges can and do create new law in the cases that follow it seems to me that there are clear indications that judges do indeed create new law where, for example, existing laws have become outdated or inappropriate.
Do judges make law university of london common law reasoning and institutions essay title: ‘judicial precedent is best understood as a practice of the courts and not as a set of binding rules as a practice it could be refined or changed by the courts as they wish. Do judges make law “although judges have traditionally seen themselves as declaring or finding rather than creating law, and frequently state that making law is the prerogative of parliament, there are several areas in which they clearly do make law this essay seeks to establish several areas in which judges do make law. This essay seeks to establish several areas in which judges do make law presently a judge’s role is not to make law but to uphold the laws which are made by the parliament each law which is made by the parliament must be clearly defined and applied by the judges in accordance with the cases.
A judge-made law is when a judge applies or extends an established rule to new facts, or decides that the particular rule do not take effect on certain situations, thus, making a change in the law however, when it comes to this, it does not mean that the judges have the power to change the law , nor make new laws. This essay has been submitted by a law student this is not an example of the work written by our professional essay writers do judges make or find the law holland and webb assert that a fundamental legal skill is to find the law.
Open document below is an essay on do judges make law from anti essays, your source for research papers, essays, and term paper examples.
To tackle the issue as to whether judges do make law, the various possibilities as to how that could be can be analyzed if judges make law, how do they manage to do words: 1679 — pages: 7 ap government notes 2.