Critically Assess The Extent To Which Judges Can d

Critic in ally assess the extent to which settle chamberpot appearance creative thinking in developing and interpreting common jurisprudence and statutory rules.

This question involves discussion of the extent of creativity of the decide through the development of case jurisprudence and statutory interpretation. in that respect was never a more sterile controversy, tell ecclesiastic Radcliffe in 1968, than upon the question whether a judge makes law. Of course he does. How can he help it? Similarly, Lord Reid in a speech entitled The judge as lawmaker, said We do not believe in fairy tales whatsoever more, so we must accept the fact that for better or worse judges do make law. There can be no doubt that Lord Radcliffe and Lord Reid were right, and that judges do make law and even change the law from time to time. The extent of this creativity is displayed in a re impudentlyal of ways. Judges inevitably make law in a sense whenever they interpret a statute or a piece of delegated legislation. According to the American realist John Chipman Gray (1839-1915), all law is made by judges and even a statute does not actually take effect as law until it is interpreted and applied by endings of the courts.

Judicial lawful rules can be made through the operation of precedent.



A common law rule is made when the judge justifies his decision on the facts of the case by using an existing judicial principle or by devising a new principle or adapting an old one in new(a) situations.

Precedent operates on the basis of judges following prior decisions. The concept of binding precedent hinders creativity because judges incur to follow previous decisions. The authority of that principle in hereafter cases depends on the court which made or approved it. Decisions in the House of Lords binds all lower courts. Since 1966 the House of Lords has not been cringe by its own previous decisions. The use of the Practice instruction acknowledges that Law Lords wish to maintain the flexibility of judicial creativity when it is appropriate to...If you want to get a full essay, battle array it on our website: Orderessay



If you want to get a full essay, wisit our page: write my essay .