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Do judges make or declare law essay

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Please join StudyMode to read the full document. In modern tie, there is still existence of powerful ideology that denies any creative role to judges. The popular view of the judges is not to give the judge a law -making role, they are supposed to do justice but not make it up. Here, we are concern with the issue do judges make law? Statutory interpretation plays two substantial elements that direct the decision of the judges in court.
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Against a Flight 93 Jurisprudence

Do judges make or declare law essay
Do judges make or declare law essay
Do judges make or declare law essay
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Model essay should the uk adopt a codified constitution

Please join StudyMode to read the full document. The declaratory theory is more or less nonsense. Actually judges are meant only to interpret the law. This can be seen that somehow they are making law but the question arises whether this is lawful or not. Declaratory theory is ignored by various ways.
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Judicial Restraint

We use cookies to give you the best experience possible. Parliamentary sovereignty is the key stone in the British Constitution. If judges were to make law then they would be contradicting this doctrine. The legislative supremacy disqualifies the courts power to review the validity of legislation, refer to British Railway Board v Pickin. The objective of judges is to not make law but simply declare what the law had always been.
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This page of the essay has words. Download the full version above. The role of Judges in the English legal system is to interpret and uphold the law, as laid down in statutes by parliament, and to uphold principles of common law, such as reasonableness and fairness REF1. Judges may apply equitable remedies, which are discretionary remedies available in common law to ensure justice. It is argued that judges also make law, in creating legal rules, changing interpretation of statute, and in light of social and moral changes [i.
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