Do Judges Make Law Essay

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‘Do Judges make Law? ’This is one of the most debated topics in the world of Law. Presently, according to the laws of the parliament, Judges are only allowed to uphold the laws passed by the parliament and not to create or make any new laws or whatsoever. But in some cases or circumstances, Judges have been known to amend and change the laws according to the situation if the judges see fit. So does that count as making a new law? The goal of the study is to analyse if judges had intervened with Parliament’s law making role by considering the principles of statutory interpretation and judicial precedent. The Parliament of UK is one of the most peculiar institutions in the UK. It can simply change anything by a simple majority. One of its main functions is to create and amend…show more content…
The doctrine of precedent is based on the principle of stare decisis, which means to stand by things decided. It might be true that the sovereignty of Parliament is more complete in England than anywhere else. However, does it really mean that the rigidity of doctrine of precedent in this country is of no particular importance? Moreover, can we actually say that the doctrine of precedent is rigid? The main aim of my work is to consider the principles of statutory interpretation and judicial precedent and analyse if judges had intervened with Parliament’s law making role. The modern British Parliament can trace its origins back to Anglo-Saxon government’s Witan. Later, in 1215, King John signed the Magna Carta, which stated that he should follow the advice of council (which later included representatives of the public and developed into parliament). The English Parliament started to limit the power of other institutions (i.e. the crown) over the years to a certain extent. After the end of English Civil War in 1649, Charles II restored the monarchy and supremacy of parliament became an established principle leading to all the future sovereigns becoming
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